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HomeMy WebLinkAbout2019-10-07 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, October 7, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 City Council/Public Financing Authority AGENDA October 7, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-10061.City Facility Fiber Installation Prioritization and Fiber/Wireless Master Plan Discussion 19-10152.Housing Element and SB 2 Funds RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 19-10053.Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief and Kelly Rodriguez, Assistant Police Chief; David Segura, Interim Fire Chief and Michael Baumgartner, Marine Safety Division Chief; Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA), Surf City Lifeguard Employees Association (SCLEA), and Management Employees’ Organization (MEO). CLOSED SESSION 19-10104.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). Page 1 of 7 2 City Council/Public Financing Authority AGENDA October 7, 2019 19-10125.Pursuant to Government Code § 54956.8, the City Council shall recess into Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with David Haaslo concerning price and terms of payment for the disposition of real property located on a portion of 17881 Beach Blvd, Huntington Beach, California. 19-10016.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Kelly Rodriguez, Assistant Police Chief, Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). 19-10027.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Surf City Lifeguard Employees’ Association (SCLEA). 19-10038.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer, and Michele Warren, Director of Human Resources regarding the following: Management Employees’ Organization (MEO). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy Page 2 of 7 3 City Council/Public Financing Authority AGENDA October 7, 2019 PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 19-9769.Rev. Pattie Mercado, Spiritual Director of HB Center of Spiritual Living and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-98310.Mayor Peterson to call on Field Representative Alex Gonzalez from Representative Harley Rouda’s office to present a Congressional Record Certificate to Normajean Janssen, daughter of Norma Gibbs, in honor of Mayor Gibbs’ service to the City of Huntington Beach 19-97511.Mayor Peterson to call on representatives from the 2019 Taste of HB who will present a check for $50,000 to Friends of the Children’s Library 19-101312.Mayor Peterson to present commendation to Chief David Segura in recognition of National Fire Prevention Week and to promote HBFD’s Open House on Saturday, October 12 at Fire Station 1-Gothard from 10am to 2pm 19-90313.Mayor Peterson to call on City Clerk Robin Estanislau to recognize local high school students efforts to promote National Voter Registration Day, Tuesday, September 24, 2019 ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Page 3 of 7 4 City Council/Public Financing Authority AGENDA October 7, 2019 CITY MANAGER'S REPORT 19-100714.The City Manager will provide an update on the following items: Ascon Landfill Clean-up Site, AES Huntington Beach Energy Project, and recap of The Great Pacific Air Show CONSENT CALENDAR 19-91215.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 3, 2019 and the City Council/Public Financing Authority regular meeting minutes dated September 16, 2019, as written and on file in the office of the City Clerk. Recommended Action: 19-95116.Approve the September 2019 City of Huntington Beach Strategic Plan Update Approve the September 2019 Strategic Objectives Update as contained within Attachment 1. Recommended Action: 19-100917.Direction to Staff to Explore Other Options for a Navigation Center and Authorize City Manager to Sign Documents Required For the Sale of Pipeline Lane Property A) Direct Staff to evaluate other location options for a Homeless Navigation Center; and, B) Authorize the City Manager to execute any and all documents related to the sale of 15311 Pipeline Lane, Huntington Beach, CA , and reimburse funds accordingly. Recommended Action: 19-97418.Adopt Resolution No. 2019-70 amending Residential Permit Parking District “Q” affecting residents on Wrenfield Drive and Cobra Lane in Huntington Beach Adopt Resolution No. 2019-70, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “Q” Within the City of Huntington Beach .” Recommended Action: 19-97019.Adopt Resolution No. 2019-71 establishing Permit Parking District “Z” affecting residents along the Heil Avenue frontage road between Goldenwest Street and Gothard Street Page 4 of 7 5 City Council/Public Financing Authority AGENDA October 7, 2019 Adopt Resolution No. 2019-71, “A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District “Z” Within the City of Huntington Beach .” Recommended Action: 19-99020.Adopt Resolution No. 2019-73 amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19 for the Continuation of Capital Improvement Program (CIP) Projects Adopt Resolution No. 2019-73, “A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19,” which incorporates and references the continuation of funding. Exhibit A lists individual capital improvement projects and their respective carryover amounts totaling $15,682,663 . Recommended Action: 19-96521.Approve and authorize execution of amendments to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to extend contract term and add additional contract compensation in the amount of $62,447 for the management of the Gang Prevention and Intervention Program A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program” for extension of term; and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program” for additional compensation. Recommended Action: 19-96622.Approve and authorize execution of amendments to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to extend the contract term and add additional contract compensation in the amount of $77,950 for the management of the Juvenile Diversion Program A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. Recommended Action: Page 5 of 7 6 City Council/Public Financing Authority AGENDA October 7, 2019 for Management of Juvenile Diversion Program” for extension of term; and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. for Management of Juvenile Diversion Program” for additional compensation. 19-97323.Award and authorize execution of a construction contract with R. Dependable Construction, Inc. in the amount of $720,000 for the Murdy Community Center Improvements project, MSC-531; and, authorize project contingency expense not to exceed $144,000 A) Accept the lowest responsive and responsible bid submitted by R. Dependable Construction, Inc. in the amount of $720,000; and , B) Authorize project contingency expense not to exceed $144,000; and , C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 19-99424.Approve and authorize a 5-year Lease Agreement between the City of Huntington Beach and Visit Huntington Beach (VHB) for the International Surf Museum located at 411 Olive Avenue and allow VHB to sub-lease the Museum to Surfing Heritage Cultural Center (SHACC) A) Approve and authorize the Mayor, City Clerk, and City Manager to execute the “Lease Agreement between the City of Huntington Beach and Visit Huntington Beach”; and, B) Authorize the City Manager to consent to the Sub-Lease Agreement on behalf of the City. Recommended Action: 19-98525.Waive Specific Event fees for the 2019 VISSLA International Surfing Association (ISA) World Junior Surfing Championship event, October 26 - November 3, 2019 A) Authorize the City Manager to waive related Specific Event fees in the amount of $10,000 for the 2019 VISSLA ISA World Junior Surfing Championship and authorize use of the City Council Chambers at no cost on October 25, 2019, for a team manager meeting; OR Recommended Action: Page 6 of 7 7 City Council/Public Financing Authority AGENDA October 7, 2019 B) Deny the above requests for the 2019 event; OR C) Consider alternative options. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, October 21, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach File #:19-1006 MEETING DATE:10/7/2019 City Facility Fiber Installation Prioritization and Fiber/Wireless Master Plan Discussion City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:19-1015 MEETING DATE:10/7/2019 Housing Element and SB 2 Funds City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:19-1005 MEETING DATE:10/7/2019 Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief and Kelly Rodriguez, Assistant Police Chief; David Segura, Interim Fire Chief and Michael Baumgartner, Marine Safety Division Chief; Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA), Surf City Lifeguard Employees Association (SCLEA), and Management Employees’ Organization (MEO). City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:19-1010 MEETING DATE:10/7/2019 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:19-1012 MEETING DATE:10/7/2019 Pursuant to Government Code § 54956.8, the City Council shall recess into Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with David Haaslo concerning price and terms of payment for the disposition of real property located on a portion of 17881 Beach Blvd, Huntington Beach, California. City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:19-1001 MEETING DATE:10/7/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Kelly Rodriguez, Assistant Police Chief, Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:19-1002 MEETING DATE:10/7/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Surf City Lifeguard Employees’ Association (SCLEA). City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:19-1003 MEETING DATE:10/7/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer, and Michele Warren, Director of Human Resources regarding the following: Management Employees’ Organization (MEO). City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:19-976 MEETING DATE:10/7/2019 Rev. Pattie Mercado, Spiritual Director of HB Center of Spiritual Living and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-983 MEETING DATE:10/7/2019 Mayor Peterson to call on Field Representative Alex Gonzalez from Representative Harley Rouda’s office to present a Congressional Record Certificate to Normajean Janssen, daughter of Norma Gibbs, in honor of Mayor Gibbs’ service to the City of Huntington Beach City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-975 MEETING DATE:10/7/2019 Mayor Peterson to call on representatives from the 2019 Taste of HB who will present a check for $50,000 to Friends of the Children’s Library City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:19-1013 MEETING DATE:10/7/2019 Mayor Peterson to present commendation to Chief David Segura in recognition of National Fire Prevention Week and to promote HBFD’s Open House on Saturday, October 12 at Fire Station 1-Gothard from 10am to 2pm City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:19-903 MEETING DATE:10/7/2019 Mayor Peterson to call on City Clerk Robin Estanislau to recognize local high school students efforts to promote National Voter Registration Day, Tuesday, September 24, 2019 City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:19-1007 MEETING DATE:10/7/2019 The City Manager will provide an update on the following items: Ascon Landfill Clean-up Site, AES Huntington Beach Energy Project, and recap of The Great Pacific Air Show City of Huntington Beach Printed on 10/2/2019Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:19-912 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of September 3, 2019 and the City Council/Public Financing Authority regular meeting minutes of September 16, 2019 require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 3, 2019 and the City Council/Public Financing Authority regular meeting minutes dated September 16, 2019, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. September 3, 2019 CC/PFA Regular Meeting Minutes 2. September 16, 2019 CC/PFA Regular Meeting Minutes City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™23 File #:19-912 MEETING DATE:10/7/2019 City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™24 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, September 3, 2019 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Study Session Item No. 1 (19-632) Short-Term Rental Case Study Analysis — City of Huntington Beach received from Ursula Luna-Reynosa, Director of Community Development. Item No. 1 (19-632) PowerPoint communication entitled Short-Term Rental Study Session received from Ursula Luna-Reynosa, Director of Community Development PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — 12 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Kathryn Levassiur, a resident of Huntington Beach and Founding Member of the Huntington Beach Short-Term Rental Alliance (HBSTRA), was called to speak and stated that the Alliance urges Council Members to support Study Session Item No. 1 (19-632) regarding a tax and regulation process for short- term rentals, in Huntington Beach and Sunset Beach. (00:01:34) Dan Jamieson, a resident of Huntington Beach, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:04:13) 25 Council/PFA Regular Minutes September 3, 2019 Page 2 of 19 Pat Byers, Downtown Huntington Beach resident, was called to speak and stated her support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:04:54) Mary Franck was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:05:59) Bob Franck, a resident of Huntington Beach, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:07:03) Peter Gevorkian, a resident of Huntington Beach since 1972, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:08:21) Marc Mumford, a resident of Huntington Beach, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:11:09) Rob Dubar, speaking on behalf of his mother, Rhonda Dubar, a long-time resident of Huntington Beach, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:12:45) Phil Larschan, an 8-year resident of Huntington Beach, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:13:17) Al Levassiur, husband of Kathryn Levassiur, and supporter of HBSTRA, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:13:54) Kelly Miller, President and CEO, Visit Huntington Beach, was called to speak and shared concerns regarding existing hoteliers, property owner rights, enforcing health and safety laws, preserving neighborhood integrity and the Surf City brand for all visitors, and stated support for the City Council regardless of the decision they make on Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:14:54) Dana Nguyen, a Huntington Beach resident and small business owner, was called to speak and stated support for Study Session Item No. 1 (19-632) regarding a tax and regulation process for short-term rentals. (00:17:42) STUDY SESSION 1. 19-632 Presentation on Short-Term Rentals in Huntington Beach, and case studies in other jurisdictions Interim City Manager David Kiff introduced Community Development Manager Ursula Luna-Reynosa who presented a PowerPoint communication with Jennifer Daugherty of Lis Wise Consulting, Inc. titled: Short-Term Rental Study Session with slides entitled: Agenda, The Sharing Economy, What is a Short- Term Rental, Huntington Beach Context (5), Short-Term Rentals in Huntington Beach (9), Case Studies (2), Carlsbad, CA, Carpinteria, CA, Newport Beach, CA, Pismo Beach, CA, Case Studies, Revenue Projections, STR/Hotel Costs, and Discussion. 26 Council/PFA Regular Minutes September 3, 2019 Page 3 of 19 Councilmember Delgleize and Director Luna-Reynosa discussed that the scope of work at this time did not include looking at the processes for both implementing and then enforcing regulations. Those topics will be addressed at the Council's direction. Councilmember Posey and staff discussed that there is no way at this time to determine the number of anticipated new Short-Term Rental (STR) businesses (above the current 820 illegal operations) that might develop if STRs are legalized, nor the average number of night stays per year per STR. Councilmember Posey and Kelly Miller, President and CEO of Visit Huntington Beach, discussed that currently the total economic impact (total spending per day) is currently at $580 per party on average, and there has not been any study that differentiates hotels vs. STRs. Mayor Pro Tem Semeta clarified with Mr. Miller that the $580 per day includes room cost. Councilmember Semeta and Consultant Daugherty discussed how grandfathering could be implemented by allowing existing STRs to be permitted with a sunset clause tied to the operator, even if they are not within the area(s) zoned for STRs. Councilmember Semeta and Director Luna-Reynosa discussed potential income of over $800,000, and the need for more information on code enforcement options and costs. Councilmember Hardy and Consultant Daugherty discussed the definition of special events such as a graduation party, or the Air Show, and various exterior signage standards. Councilmember Hardy stated she is leaning towards hosted vs. non-hosted rentals, and confirmed with staff that having a STR would be a covenant violation for an affordable housing unit. Councilmember Hardy emphasized that the California Coastal Commission (CCC) likes short-term rentals, and there will be no going back if Short- Term Rental businesses are approved. Councilmember Hardy expressed her concern about the possibility that non-hosted STRs could create a housing shortage, which could result in increased sales price and rent costs. Councilmember Carr stated appreciation for the report and review of the different cities and circumstances, and stated her support for developing a plan for Huntington Beach to protect residents and visitors. Councilmember Carr expressed interest in controlling the number of units allowed as Carpinteria does. Councilmember Carr shared her concerns related to an operator who may purchase multiple units like an apartment complex and turn most of the units into STRs, as well as grandfathering current units. Councilmember Carr suggested that Council spend more time on this issue and develop procedures based on existing best practices from other coastal communities. Councilmember Brenden asked that staff provide the details behind the revenue projections shown in the report, as well as cost recovery details for the other cities studied. He also asked if required resident days could be verified, and whether enforcement details could be obtained from the four cities in the study to determine if there really is a higher level of calls related to parties at STRs. He asked staff for the definition of a Boarding house, requested further discussion and ideas on grandfathering current illegal STRs and property rights, and suggested another study session to dig deeper into the details. Mayor Peterson confirmed with Director Luna-Reynosa that the City pays host compliance costs, and requested specific details. He stated his opinion that no business operating illegally has rights to be considered, and therefore should not be grandfathered. Mayor Peterson also expressed the need to regulate to prevent units from turning into motel businesses that could negatively affect residential neighborhoods and create public safety issues such as inadequate parking. Mayor Peterson requested more details related to code enforcement options and costs. 27 Council/PFA Regular Minutes September 3, 2019 Page 4 of 19 Mayor Pro Tem Semeta asked for more details on hosted vs non-hosted standards, and asked if a homeowner can hire a property manager and comply with hosted standards. Councilmember Brenden asked staff if Slide 13 (entitled Short-Term Rentals in Huntington Beach) in actuality reflects hosted vs non-hosted (partial vs entire home listings) units, and if so, future reports should break down revenues and costs by those two categories. Councilmember Delgleize asked staff to determine if cost of compliance could be passed on to the STR operators, and asked for confirmation that Newport Beach's new Code Enforcement officer actually increased income well over the costs related to the position. Director Luna-Reynosa confirmed that every city studied stated that STR policies increased revenues but they did not necessarily quantify specific amounts or percentages, adding staff will try to get more specifics. Director Luna-Reynosa stated that current City of Huntington Beach code enforcement data was queried for the last 5 years during which time over 600 complaints were received. Two hundred eighty-nine (289) of those complaints were verified property violations, including multiple violations for the same property. The query also shows that more complaints are made in the summer, and STRs have not typically been problematic. Mayor Peterson stated his suggestion that enforcement needs to include several levels of fines, and re- stated Councilmember Hardy's reminder that when working with the California Coastal Commission there will be no option to go back. RECESSED TO CLOSED SESSION — 5:32 PM A motion by Brenden, second by Posey to recess to Closed Session for Items 3 – 6. With no objections, the motion passed. CLOSED SESSION ANNOUNCEMENT(S) 2. 19-924 Mayor Peterson announced: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Marine Safety Management Association (MSMA) and Surf City Lifeguard Employees’ Association (SCLEA). CLOSED SESSION 3. 19-921 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Surf City Lifeguard Employees’ Association (SCLEA). 28 Council/PFA Regular Minutes September 3, 2019 Page 5 of 19 4. 19-922 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4). 5. 19-923 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Marine Safety Management Association (MSMA). 6. 19-933 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Kennedy Commission, et al. v. City of Huntington Beach (Beach-Edinger Corridor); OCSC Case No 30-2015-00801675. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 7. 19-850 Rabbi Stephen Einstein (Emeritus) of the Congregation B’nai Tzedek and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 8. 19-779 Mayor Peterson called on students who participated in the Anjo, Japan Sister City Exchange Program who provided an overview of their experiences overseas Chaperone Lisa Gellerman introduced Gino Angelici, Edison High School, Syrhaan Albuquerque, Fountain Valley High School, Frankie Shulte, Huntington Beach High School and Tommy Trommald, Huntington Beach High School, participants in the 2019 Japan Sister City Exchange program who shared highlights of their trip to Anjo, Japan. 29 Council/PFA Regular Minutes September 3, 2019 Page 6 of 19 9. 19-915 Mayor Peterson called on members of the girls U14 United Water Polo team who brought home the bronze medal at Junior Olympics taking third place out of 78 teams Sean Nollan, Youth Girls Head Coach, provided a brief overview of the rigorous program and congratulated the girls U14 team members who worked very hard to bring home the bronze medal. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Consent Calendar Item No. 16 (19-926), Communication submitted by Acting Assistant City Manager, Travis Hopkins, providing background information and update on the development and implementation of the citywide Enterprise Land Management (ELM) project. Council Member Items Item No. 24 (19-927), Two (2) emails received regarding asset forfeiture. Item No. 25 (19-932), Letter regarding compliance with the California Regional Housing Needs Assessment (RHNA) received from Jenny Braithwaite, Member of Homeless United Huntington Beach. Item No. 25 (19-932), Ten (10) emails received regarding SB 2 funding. PUBLIC COMMENTS (3 Minute Time Limit) — 13 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Katherine Dowling, a 46-year resident of Huntington Beach, was called to speak and stated her support for Public Hearing Item No. 21 (19-910) regarding Denial of Tentative Tract Map and Conditional Use Permit for Ellis Avenue Condos. (01:46:34) Galen T. Pickett, Homeless United Huntington Beach member, was called to speak and stated his support for Councilmember Items, Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:49:27) Gigi Jackson was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:51:07) Jenny Braithwaite, Homeless United Huntington Beach member, was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:52:15) Shammy Dingus, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:54:16) John Bostick, resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:56:21) 30 Council/PFA Regular Minutes September 3, 2019 Page 7 of 19 Shirley Dettloff, former Mayor and a 55-year resident of Huntington Beach, was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (01:57:25) Tiffany Tabares, mother of Dillon Tabares, was called to speak and shared her anguish related to the police shooting of her son, Dillon. (01:59:20) Kathryn Levassiur, a resident of Huntington Beach, was called to speak and stated her support for Study Session Item No. 1 (19-632) regarding continued efforts to manage Short-Term Rentals in Huntington Beach. (02:02:46) Kimberly Adams, Orange County Regional Organizing Director, California Yes In My Back Yard (YIMBY), was called to speak and stated support for Councilmember Item No. 25 (19-932) regarding SB 2 (Building Homes and Job Acts) Funds. (02:03:56) Ben was called to speak and stated his support for Public Hearing Item No. 21 (19-910) regarding Denial of Tentative Tract Map and Conditional Use Permit for Ellis Avenue Condos. (02:05:05) Steve Shepherd was called to speak and stated his support for Public Hearing Item No. 21 (19-910) regarding Denial of Tentative Tract Map and Conditional Use Permit for Ellis Avenue Condos. (02:06:09) Claudia Perez-Figueroa, Senior Field Representative for Assemblywoman Cottie Petrie-Norris, was called to speak and invited everyone to the Wetlands and Wildlife Care Center on Saturday, September 28, for a California Legislative Update event sponsored by Assemblywoman Petrie-Norris. (02:09:01) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Carr reported having a conversation with the Huntington Beach Firefighters' Association (HBFA). Councilmember Delgleize reported meeting with the Police Management Association (PMA). Councilmember Posey reported attending the Southern California Association of Government (SCAG) Public Hearing on Regional Housing Needs Assessment (RHNA). Councilmember Brenden reported attending a Jet Noise Commission meeting with Councilmember Delgleize. Mayor Pro Tem Semeta reported also attending the Southern California Association of Government (SCAG) Public Hearing on Regional Housing Needs Assessment (RHNA). 10. 19-727 Appointed a Voting Delegate and Alternate to the League of California Cities Annual Conference and Business Meeting A motion was made by Brenden, second Hardy to appoint Mayor Peterson to serve as the voting delegate, and City Council Members Carr and Posey as alternates, to represent the City of Huntington Beach at the 2019 League of California Cities Annual Conference & Expo and Annual Business Meeting (General Assembly), scheduled for October 16-18, 2019. 31 Council/PFA Regular Minutes September 3, 2019 Page 8 of 19 The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None CITY MANAGER’S REPORT Interim City Manager David Kiff provided a brief slide presentation entitled Ascon Landfill Site Update (3) and highlighted changes from the last report. CONSENT CALENDAR Councilmember Carr pulled Consent Calendar Item No. 18 regarding a new Assistant Director of Library Services, and recused herself for Consent Calendar Item No. 20 regarding Zoning Map Amendments. Mayor Peterson pulled Consent Calendar Item No. 16 regarding Professional Services agreements. 11. 19-894 Approved and Adopted Minutes A motion was made by Posey, second Semeta to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated August 19, 2019. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 12. 19-821 Approved the August 2019 City of Huntington Beach Strategic Plan Update A motion was made by Posey, second Semeta to approve the August 2019 Strategic Objectives Update as contained within Attachment 1. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 13. 19-895 Approved appointment of Elaine Parker to the Library Board of Trustees as recommended by Council Liaisons Carr and Hardy A motion was made by Posey, second Semeta to approve the appointment of Elaine Parker to the Library Board of Trustees as recommended by Council Liaisons Carr and Hardy. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 32 Council/PFA Regular Minutes September 3, 2019 Page 9 of 19 14. 19-887 Adopted Resolution Nos. 2019-59 (Carr Park Renovation), 2019-60 (Drew Park Renovation) and 2019-61 (Schroeder Park Renovation) approving the application for Statewide Park Development and Community Revitalization Program Grant Funds to the State of California Department of Parks and Recreation for Carr Park, Drew Park and Schroeder Park A motion was made by Posey, second Semeta to adopt Resolution 2019-59, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Statewide Park Development and Community Revitalization Program Funds (Carr Park Renovation)" for improvements at Carr Park; and, adopt Resolution 2019-60, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Statewide Park Development and Community Revitalization Program Funds (Drew Park Renovation)" for renovations at Drew Park; and, adopt Resolution 2019-61, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Statewide Park Development and Community Revitalization Program Funds (Schroeder Park Renovation)" for renovations at Schroeder Park. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 15. 19-746 Approved and authorized execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and Huntington Beach Fire Outreach Foundation (HBFOF) A motion was made by Posey, second Semeta to approve and authorize the Interim City Manager to execute the five-year "Memorandum of Understanding" between the City of Huntington Beach and the Huntington Beach Fire Outreach Foundation. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 16. 19-926 Approved a Professional Services Contract with IK Consulting for $180,000 for Project Management and Implementation Services; and, approved Amendment No. 2 to the Professional Services Agreement with Go-Live Technology for as-needed Information Technology Project Management Service for $135,000 to complete implementation of the citywide Enterprise Land Management (ELM) System Mayor Peterson pulled this item to discuss his concerns related to the ELM System with Acting Assistant City Manager Travis Hopkins, including actual costs for maintenance and situations that have resulted in unexpected delays. Mayor Pro Tem Semeta and Acting Assistant City Manager Hopkins discussed additional details related to maintenance fees. A motion was made by Peterson, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and IK Consulting for 33 Council/PFA Regular Minutes September 3, 2019 Page 10 of 19 Project Management and Implementation Services" and, approve and authorize an increase in the Information Services Professional Services listing authority by $180,000; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Professional Services Agreement between the City of Huntington Beach and Go-Live Technology, Inc. for As-Needed Informational Technology Project Management Service" and, approve and authorize an increase in the Information Services Professional Services listing authority by $135,000. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 17. 19-882 Approved and authorized execution of a License Agreement between the City and Subhash and Sushila Patel DBA One Fine Blend to operate a food concessionaire stand located at the Central Library A motion was made by Posey, second Semeta to approve and authorize the Mayor and City Clerk to execute a three (3) year "Non-Exclusive License Agreement between the City of Huntington Beach and Subhash and Sushila Patel, Individuals, Doing Business as One Fine Blend." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 18. 19-797 TABLED request to create a new Assistant Director of Library Services position by approving for introduction Ordinance No. 4186, adopting Resolution No. 2019-52 modifying the Non-Associated Salary and Benefits Resolution by adding the classification and establishing the compensation of Assistant Director of Library Services; and authorize the City Manager to execute the employment agreement for the Assistant Director of Library Services following completion of the recruitment process Councilmember Carr pulled this item to express her concerns about approving any new "Assistant" position prior to Council approval of a citywide Succession Plan. Councilmember Hardy expressed her need to see the total costs related to a citywide Succession Plan, rather than approving positions one at a time. Councilmember Brenden stated his support for the comments made by Councilmembers Carr and Hardy, and expressed a desire to see a more accurate accounting of increased expenses. Councilmember Posey stated his support for the comments made by Councilmember Carr, and shared his opinion that the focus should be on developing a citywide Succession Plan before considering new department staff positions. Councilmember Delgleize stated her agreement to proceed with developing a citywide Succession Plan. 34 Council/PFA Regular Minutes September 3, 2019 Page 11 of 19 A motion was made by Carr, second Brenden to TABLE request to approve for introduction Ordinance No. 4186, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From Competitive Service" by adding the Assistant Director of Library Services; and, adopt Resolution No. 2019-52, "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees By Adding the Assistant Director of Library Services Classification and Establishing the Compensation;" and, Delegate Authority to the City Manager/Interim City Manager to execute Employment Agreement in a form approved by the City Attorney for the Assistant Director of Library Services following the recruitment process; and, De-fund and remove the Principal Librarian position from the Table of Organization and fund and add the Assistant Director of Library Services. The motion as amended carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 19. 19-916 Adopted Resolution No. 2019-63 amending the City’s Classification Plan by adding the Job Classification of Parks Development Facilities Project Coordinator and Establishing the Compensation A motion was made by Posey, second Semeta to adopt Resolution No. 2019-63, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan by Adding the Classification of Parks Development Facilities Project Coordinator" and establishing the compensation. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 20. 19-911 Approved Zoning Map Amendment No. 2018-001 by adopting Ordinance 4184, and Zoning Text Amendment No. 2018-002 by adopting Ordinance 4183 (Gothard Property & Research and Technology Zoning) Approved for introduction 8/19/2019, Vote: 5-0-2 (Delgleize-Absent; Carr-Recuse) A motion was made by Posey, second Semeta to approve Zoning Map Amendment No. 18-001 with findings for approval and adopt Ordinance No. 4184, "An Ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance by changing the zoning designation from IG (Industrial General), IL (Industrial Limited), or CG (Commercial General) to RT (Research and Technology) on real property located in two existing industrial areas herein referred to as the Gothard Street Corridor and Northwest Industrial Area (Zoning Map Amendment No. 18-001);" and, approve Zoning Text Amendment No. 18-002 with findings for approval and adopt Ordinance No. 4183, "An Ordinance of the City of Huntington Beach amending Chapters 204 Use Classifications, 212 Industrial Districts, and 231 Off-Street Parking and Loading of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 18-002)." (Staff Recommended Action for public agency owned property)." The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy 35 Council/PFA Regular Minutes September 3, 2019 Page 12 of 19 NOES: None RECUSED: Carr PUBLIC HEARING 21. 19-910 Public Hearing continued Open from August 19, 2019; Upheld the Planning Commission’s Denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Avenue Condos) Mayor Peterson announced this Public Hearing is a continuation from August 19, 2019, and Associate Planner Nicolle Aube presented a PowerPoint communication entitled Ellis Avenue Condos Appeal with slides entitled: Project Overview, Background(2), Project Description, Site Plan, Design & Elevations(3), PC Action, Appeal(3) and City Council Action. Councilmember Hardy discussed with Associate Planner Aube that the Beach Edinger Corridor Specific Plan (BECSP) did not specify a certain amount of commercial space, that parking requirements are the same for apartments and condominiums, but there are higher standards for building condominiums such as separate meter systems, and open space elements. Councilmember Carr discussed fire access with Fire Protection Analyst Steve Eros, who explained that the revised proposal to include a median to prevent left-hand turns from the project does not provide the 28 feet necessary for fire equipment access. Councilmember Posey inquired, and Associate Planner Aube could not confirm whether a sign currently exists to direct a right turn only on the property, nor the daily number of cars for the current business. Councilmember Delgleize confirmed with Fire Protection Analyst Eros that the Fire Department would ask that the median be removed if Council approves the project. Councilmember Hardy and Fire Protection Analyst Eros discussed Fire Code requirements for this project. Public Speakers — 12 Speakers Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced receipt of thirty (30) standard mail and email communications regarding the appeal of the Planning Commission's denial of Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Ellis Ave. Condos). Janet Alicesun, a Huntington Beach resident, was called to speak and shared personal experiences related to mixed use projects on Delaware Street which in her opinion have resulted in health and safety issues such as commercial delivery vehicles double parking and creating noise issues at all times of the day and night, and increased traffic congestion, to support her opposition to the Ellis Avenue Condos project. (02:54:53) Tim Geddes, a 35-year resident of Huntington Beach, was called to speak and stated his opinions regarding other ways to eliminate blight, beautify the City and address housing stock needs without compromising public safety and quality of life in supporting his opposition to the Ellis Avenue Condos project. (02:58:11) 36 Council/PFA Regular Minutes September 3, 2019 Page 13 of 19 Steve Farnsworth, a 36-year resident of Huntington Beach, was called to speak and shared his health and safety concerns such as only one ingress/egress access, the major increase to traffic volume from the property, non-optimal fire department access, and diminished skyline for immediate neighbors, in support of his opposition to the Ellis Avenue Condos project. (03:01:00) Jose Santana, a 22-year resident of Huntington Beach, and owner of units on Patterson Street directly behind this project, was called to speak and shared his concerns about the project interfering with the ocean breeze for existing neighbors, his opinion the project will most likely add to the already congested street traffic and neighborhood parking conditions, and it will not solve low-income housing issues, in supporting his opposition to the Ellis Avenue Condos project. (03:03:57) Denise Nevin, a 40+-year resident of Huntington Beach, was called to speak and stated her opinion that adding a minimum of 99 more cars to this neighborhood is insane as it already can take up to three signal changes on Ellis Avenue to cross Beach Boulevard, and expressed her support for the Planning Commission decision to deny the Ellis Avenue Condos project. (03:06:25) Elizabeth Hansburg, Founder, People for Housing OC, was called to speak, shared her thoughts on the California housing shortage, and stated that even if the project does not provide for home ownership, it should be approved because it will fill the need for rental units. On behalf of the California Renters Legal Advocacy Education Fund (CaRLA), Ms. Hansburg read a portion of California Government Code 65589.5 of the Housing Accountability Act which prohibits localities from denying housing development projects that comply with objective land use standards at the time the application is deemed complete. Ms. Hansburg further stated she would assert proof of compliance because the Planning Department staff found the project to be in compliance and recommended approval to the Planning Commission. (03:09:43) Marilyn Nagy, who has lived in Huntington Beach/Fountain Valley since 1964, was called to speak and shared the difficulty residents of her neighborhood already have leaving and entering their complex through the only access on Ellis Avenue in the vicinity of the project, and her concern for the safety of people who may need an ambulance or fire truck when traffic is backed up from Beach Boulevard, in her support for the Planning Commission decision to deny the Ellis Avenue Condos project. (03:12:55) Stephen Knight, a 30-year Huntington Beach resident and business owner, was called to speak and submitted a residents request for a neighborhood parking permit zone on Patterson Street adjacent to the Ellis Avenue Condos project. Mr. Knight described the current difficulty of accessing Patterson Street when traffic on Ellis Avenue is backed up from Beach Boulevard all the way to Newland Street at certain times of the day, and in his opinion Ellis Avenue needs changes just to accommodate the existing traffic conditions, in support of his opposition to the Ellis Avenue Condos project. (03:15:38) Walter D. Schroeder, a 49-year resident of Huntington Beach who lives 2 1/2 blocks from the proposed building site, was called to speak and shared dangerous safety experiences of neighbors related to existing traffic on Ellis Avenue and Beach Boulevard, as well as offered several suggestions from his observations for signs needed to prevent a serious accident, in support of his opposition to the Ellis Avenue Condos project. (03:18:54) Rebecca Muli, Community Organizer for Abundant Housing LA, was called to speak and stated her support for the Ellis Avenue Condos project. Ms. Muli described the affordable housing crisis in Southern California, and stated her opinion that this project will fulfill a need and be a win for working 37 Council/PFA Regular Minutes September 3, 2019 Page 14 of 19 class people who need housing, and she encouraged the City to address the existing safety issues related to the current traffic patterns on Ellis Avenue. (03:22:05) Tahir Salim, property owner, was called to speak and clarified that the units are proposed to be condominiums for sale but the plan would allow for rentals should a recession occur. Mr. Salim stated that a traffic study was completed which shows 150 to 200 trips per day for the current business at the proposed project location and the proposed project does not anticipate adding substantially to those numbers. Mr. Salim described an existing problem with homeless people at that site which he believes would be greatly improved with the Condo project, and reminded everyone that the project consists of 48 units in 2, 3 and 4 levels vs the 6 level unit across the street. Mr. Salim expressed his opinion that changes had been made from the original plan to mitigate any concerns that the Fire Department had, and stated the project will provide 2 1/2 parking spaces for each unit, in support for approval of the Ellis Avenue Condo project. (03:24:13) Peris Maina, a Long Beach resident who commutes to Huntington Beach for employment, was called to speak and stated her support for the Ellis Avenue Condos project that she believes will provide minimal affordable, as well as medium-priced, high-quality housing sorely needed in Orange County. She also asked the City to address the existing traffic issues as presented by many speakers . (03:27:42) There being no more public speakers, Mayor Peterson closed the Public Hearing. Councilmember Hardy and Associate Planner Aube discussed construction hours (7AM-8PM, M-SA) and enforcement, that delivery truck noises during the 10PM – 7AM quiet hours would be a matter for the Police Department; however, delivery trucks would be expected to use the turnaround area created for the Fire Department, which would eliminate their “backing up” noises. Councilmember Hardy confirmed with staff that the Council could add conditions for delivery trucks such as no left turns on Ellis. Councilmember Hardy and staff discussed the density of the Elan project is 100 units/acre and this project is 50 units/acre. Councilmember Hardy stated she knows first-hand the traffic issues that already exist at Beach Boulevard and Ellis Avenue, and is concerned about safety issues related to emergency vehicle access. Councilmember Carr stated her opinion based on personal experience that Ellis Avenue is always backed up, and a left turn out of this project would be impossible. Councilmember Carr confirmed with staff the project includes three moderate and two low-income units if the units are sold, and if the project becomes rental units, the requirement would be five low-income units. At this time, the unit price point is not determined. Mayor Pro Tem Semeta expressed her greatest concerns are public safety issues and existing traffic congestion, and she believes this project would just increase the likelihood of additional accidents. Councilmember Brenden stated his concerns are related to road safety, fire access, and compatibility issues related to proportion, scale, and character of a joint-use project. Councilmember Delgleize expressed agreement with the concerns already addressed by fellow Council members, including fire safety, noisy delivery trucks, and project incompatibility with surrounding lots. 38 Council/PFA Regular Minutes September 3, 2019 Page 15 of 19 Mayor Peterson explained how he drove the project area several times and witnessed safety issues shared by residents especially related to project ingress/egress, even when traffic is not backed-up on Ellis Avenue, and stated his support to uphold the Planning Commission's denial of the project. A motion was made by Posey, second Semeta to uphold the Planning Commission's Action and Deny Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 (Attachment No. 1); OR find the proposed project exempt from the California Environmental Quality Act pursuant to section 15182 of the CEQA Guidelines and Government C ode 65457 and approve Tentative Tract Map No. 18157 and Conditional Use Permit No. 17-042 with findings and conditions of approval (Attachment No. 2). The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ADMINISTRATIVE PUBLIC HEARING 22. 19-875 Conducted a Public Meeting to allow discussion regarding the adoption of Resolution No. 2019-54 Declaring the City’s intention to levy an annual assessment for Fiscal Year 2019-2020 within the Huntington Beach Downtown Business Improvement District Interim City Manager David Kiff introduced this item, and received no Council interest to view another presentation. Mayor Pro Tem Semeta opened the Administrative Public Hearing to allow members of the public to provide comments. Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced receipt of two (2) supplemental communications received by Michael Byrne of GroupoGallagos and Luna United, formally protesting the proposed fee increase. Mayor Pro Tem Semeta confirmed with City Clerk Estanislau there were no public speakers, and closed the Administrative Public Hearing. Councilmember Posey confirmed with Deputy Director Kellee Fritzal the $5,500/mo. being spent from Reserve Funds and the increased assessments are due to the hotels in Pacific City pulling out of the Business Improvement District, and the increased percentage was determined by the fact that for the past 17 years there has been no increase. Councilmember Posey confirmed with City Clerk Estanislau that the next meeting on this issue will also provide an opportunity for protests, and Councilmember Posey thanked staff for the comprehensive financial documentation. Councilmember Carr confirmed with staff that offices are not allowed on first floors, therefore 2nd floor and above offices have tiered rates based on square footage. A motion was made by Posey, second Peterson to open the public meeting to allow members of the public to provide comments. The motion carried by the following vote: 39 Council/PFA Regular Minutes September 3, 2019 Page 16 of 19 AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ADMINISTRATIVE ITEMS 23. 19-928 Adopted Resolution No. 2019-62 approving and implementing the Memorandum of Understanding between the Huntington Beach Police Management Association (HBPMA) and the City for January 1, 2018, through June 30, 2020 Interim City Manager David Kiff introduced this item, which had been previously reviewed by the City Council. A motion was made by Peterson, second Posey to adopt Resolution No. 2019-62, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Police Management Association (HBPMA) and the City for January 1, 2018, through June 30, 2020." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None COUNCILMEMBER ITEMS 24. 19-927 Submitted by Councilmember Posey — Directed staff to review the City’s policies and procedures related to Asset Forfeiture and report back to City Council Councilmember Posey explained his intent is to have staff create written policy that refers to the U. S. Constitution, specifically the 5th, 8th and maybe 14th Amendments, and referred to recent court rulings that prompted him to ensure that Huntington Beach is proactive on this issue. He also asked that the City mirror policy referred to and enacted by Newport Beach. Councilmember Hardy and Police Chief Handy discussed how the current Police Department policy complies with Federal, State and local regulations, but may not directly address the U. S. Constitution Amendments mentioned by Councilmember Posey. Councilmember Hardy asked why Councilmember Posey used this method to address his concerns. Councilmember Posey explained that his previous personal inquiry to the Police Chief and City Manager did not provide a satisfactory answer, and he thinks the issue needs Council attention. Councilmember Brenden confirmed with Police Chief Handy that the Huntington Beach and Newport Beach policies are very similar, and Councilmember Brenden stated he would like to see more information on this important topic. Police Chief Handy explained that he is happy to provide anything that Council requests regarding this matter, but shared his concerns over whether the item should be managed by Police Department or Council Policy, especially when significant changes can occur because of new court rulings. If adopted 40 Council/PFA Regular Minutes September 3, 2019 Page 17 of 19 as a Council Policy, then every change in the future will have to come before the Council, rather than just the Police Department. Councilmember Carr expressed a need to have a report to verify consistency with surrounding cities. Councilmember Delgleize stated her interest in receiving a presentation by the Police Department, and confirmed with Chief Handy that the Department currently subscribes to a system that issues appropriate policy updates following new court rulings. Councilmember Posey stated his effort is not related to legal specificity, but rather to overarching policy. Councilmember Hardy stated her support for learning and having discussions that include the public, but suggested striking the final sentence of the proposal: "If updates are required, City Manager should bring back a resolution that affirms the revised policy." A motion was made by Posey to direct the City Manager, Police Chief, and City Attorney to review the City's policies and procedures related to Asset Forfeiture and report back to City Council within 90 days on any needed changes to the existing policy; specifically relating to the aforementioned changes that were implemented to the Newport Beach policy. If updates to the policy are required, the City Manager should bring back a Resolution that affirms the revised policy. A substitute motion was made by Peterson, second Semeta to request that the Police Chief present information to the City Council at a future Study Session on the City's current policies and procedures related to Asset Forfeiture, and any other relevant information. The substitute motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Delgleize, and Hardy NOES: Posey 25. 19-932 Submitted by Councilmember Posey — SB 2 (Building Homes and Job Act) Funds Councilmember Posey provided a brief background to support this request for a report on how the City of Huntington Beach can qualify for SB 2 funds. Councilmember Delgleize stated her support for looking into all options for additional funding. Councilmember Hardy stated that funds other than SB 2 are available, and requested that staff's report include all funding sources for a Navigation Center. Councilmember Carr stated her support for an update on potential funding sources for addressing homeless issues. Mayor Pro Tem Semeta stated not understanding a need for this information at this time since there is not a specific homelessness plan in place. Councilmember Posey stated that the Council has already declared a homelessness emergency, and agreed to adopt a policy establishing a Navigation Center. He further suggested that since acquiring funding is usually a lengthy process, he supports moving ahead on the process to qualify and apply for 41 Council/PFA Regular Minutes September 3, 2019 Page 18 of 19 the tax funds to be returned to Huntington Beach rather than allow Sacramento to direct the Huntington Beach funds to other municipalities. Councilmember Brenden confirmed with Deputy Director of Economic Development Kellee Fritzal that Year 1 SB2 funds can be used for homelessness planning, and stated his support for this item. A motion was made by Posey, second Delgleize to direct the City Manager, Community Development Director, along with the City Attorney to report back to the City Council with a plan on how the City can ensure that the City is able to use the SB 2 funds that would be allocated to HB for homelessness prevention activities, including providing funding for a Navigation Center locally or regionally. The motion carried by the following vote: AYES: Brenden, Carr, Posey, Delgleize, and Hardy NOES: Semeta, and Peterson COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey reported attending an OCTax membership luncheon, a business visit to Mission Critical Composites, the Waterfront Beach Resort Grand Re-Opening, and announced the Surf City Classics event for Wednesday, September 4, to recognize and honor the City's first responders and Fire and Police Chiefs. Councilmember Hardy reported attending the Labour of Love Music Fest, ribbon cutting for the re- opening of Westmont Elementary School, and SWAT Team Training at Marina High School. Councilmember Delgleize reported attending the business visit to Mission Critical Composites, and announced that Orange County Transit Authority (OCTA) recently kicked-off the Goldenwest College Free Pass program which allows Goldenwest College students to ride OCTA buses at no cost. Councilmember Delgleize, as a Boys and Girls Club of Huntington Valley Board member, also announced that an anonymous donor has agreed to match donations to the end of the year, up to $2M. Councilmember Brenden reported attending the One Spirit, Many Souls luau event at Old World Village, the Waterfront Beach Resort Grand Re-Opening, and Labour of Love Music Fest. Councilmember Brenden announced the Senior Community Festival at Pier Plaza on Saturday, September 7, 9 am - 1 pm, sponsored by the Huntington Beach Council on Aging, and the 12th Annual Blessing of the Waves on Sunday, September 8, Pier Plaza at 8:30 am. Councilmember Brenden stated he is keeping the Norma Gibbs family in his prayers. Councilmember Carr reported attending the business visit to Mission Critical Composites, the Waterfront Beach Resort Grand Re-Opening, and meeting with the Public Art Director. Mayor Peterson reported attending the OCTax Membership Luncheon where he sat on the Orange County Mayor's Panel, and Asian Business Association — Orange County — BIZCON Business Convention/New Heights in Business and participated in their Mayoral Fast Pitch event, Bella Terra Business Roundtable, Eagle Scout Court of Honor for Hy Hunter Nguyen, Nicholas Phuoc-Long Ho, Hien Minh Le, and Peter Anthony Pham, the Waterfront Beach Resort Grand Re-Opening, and American Legion Post 133 and Huntington Beach Lions event to recognize the local high school participants in the Girls State and Boys State events, 42 Council/PFA Regular Minutes September 3, 2019 Page 19 of 19 Mayor Pro Tem Semeta reported participating in the recent Public Art interviews, and attending the Waterfront Beach Resort Grand Re-Opening. Mayor Pro Tem Semeta presented a brief history of service to honor Norma Brandel Gibbs which included being the First Female Mayor of Huntington Beach. One of Mrs. Gibbs proudest moments was the dedication of the Norma Brandel Gibbs Park dedicated to Monarch butterflies. A Memorial Service will be held on Saturday, September 21, 2 pm, at the Senior Center in Central Park. At 9:00 PM the Council recessed to Closed Session to continue discussion on Items 5 and 6. ADJOURNMENT at 10:07 P,M in memory of Norma Brandel Gibbs, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, September 16, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 43 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, September 16, 2019 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy (arrived at 4:02 p.m.) Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Study Session #1. (19-631) PowerPoint communication submitted by Acting Director of Public Works, Tom Herbel, entitled Traffic Congestion Management. #2. (19-938) PowerPoint communication submitted by Police Chief, Robert Handy, entitled Asset Forfeiture. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Dan Kalmick was called to speak and asked Council if there is time in the Inter-Governmental Relations Committee (IRC) meeting to look at SB127 which allocates funds from the California Department of Transportation (CalTrans) for bike and pedestrian corridors in urban areas that have State highways; and Mr. Kalmick asked questions and shared concerns regarding the Technology Ad Hoc Committee. (00:00:59) 44 Council/PFA Regular Minutes September 16, 2019 Page 2 of 18 STUDY SESSION 1. 19-631 Public Works staff presented an overview of traffic conditions in the City along with current and future plans for managing traffic congestion and the technological changes affecting traffic operations, traffic flow and congestion management Interim City Manager David Kiff introduced Transportation Manager, Bob Stachelski who presented a PowerPoint presentation entitled Traffic Congestion Management with slides titled Major Traffic Engineering Functions, What is the Mission of Traffic Engineering?, Provide Street System Operations, What is "balance" on our Street System?, What Currently Guides Efforts, What do we Hear Most From the Community?, One Study Can't Effectively Address all Topics, Congested Corridors, Isolated Intersection Congestion, HB Area - 8:30am 8/26/19, Santa Ana Area - 8:30am 8/26/19, 5pm Thursday 8/15/19, 5pm Thursday 8/15/19, Striking the Right Balance(2), What are we Doing?, Congested Corridors, Isolated Intersection Congestion, Current Areas in Development(2), Smart Systems/Intelligent Traffic Signal(2) and Thank you! Mayor Peterson and Manager Stachelski discussed adaptive signal controls, monitoring certain intersections on Beach Boulevard and Pacific Coast Highway (PCH), and defined some of the major and minor routes across the City. Councilmember Delgleize offered to help make contact with CalTrans through Orange County Transit Authority (OCTA) if needed. Councilmember Delgleize and Manager Stachelski discussed the Traffic Management Center and monitoring system. Manager Stachelski confirmed the MyHB app as the best way for the public to get current traffic conditions, or concerns into the system for follow-up. Councilmember Brenden and Manager Stachelski discussed the Traffic Impact Fee fund of approximately $2-3M, and Councilmember Brenden asked staff to follow-up with information regarding use of flashing yellow left turn signals, which he believes might cost about $14K per intersection to install. Councilmember Hardy stated her desire to see a pedestrian crossing from beach parking to Pacific City, and commented about how traveling east on Garfield or Yorktown at Beach Blvd. can be impeded because of traffic signals on streets close to those major intersections. Councilmember Hardy encouraged the residents to use the MyHB app to keep staff aware of traffic situations that need attention. Councilmember Carr expressed her desire to see signal coordination on the streets impacted due to the 405 Freeway construction. Councilmember Carr and Manager Stachelski discussed adaptive signal controls, using Measure M grant funds (which are limited to certain surface streets) and other financial sources. Councilmember Brenden asked for another Study Session that focuses on fund sources, past use of traffic impact funds, a more thorough discussion of adaptive signal controls and yellow flashing left hand turn signals. 2. 19-938 Overview of Police Department Asset Forfeiture Process Interim City Manager Dave Kiff introduced Police Chief Robert Handy who presented a PowerPoint communication entitled: Asset Forfeiture with slides titled What is Asset Forfeiture?, Why do we use 45 Council/PFA Regular Minutes September 16, 2019 Page 3 of 18 Asset Forfeiture?, What laws/guidelines Govern Asset Forfeiture?, Huntington Beach Police Department, Prior to January 1, 2017, Senate Bill 443 (SB443), Huntington Beach Police Department, Seized Assets, Permissible Uses of Forfeited Funds, Impermissible Uses of Forfeited Funds, Regional Narcotics Suppression Program (RNSP), Huntington Beach Police Department(8), City of Huntington Beach Expenditures, City of Huntington Beach(2) and Recent Cases Involving Asset Forfeiture(2). Councilmember Delgleize and Chief Handy discussed the process and overview for forfeited fund and how they relate to the Police Department budget, how funds help with overtime costs for investigations, and the pros and cons of the DARE Program. Councilmember Posey stated that the presentation covered nearly all of his concerns, and asked that Policy 606 include a statement explaining that forfeiture seizures comport with the 5th Amendment, and proceeded to read the portion of the 5th Amendment he was referring to. Chief Handy replied that there is a preamble to the Policy regarding adherence to the Constitution and State law, and he agrees it would be appropriate to add a highlight to the 5th Amendment prior to this Policy. Mayor Pro Tem Semeta and Chief Handy discussed details related to where in the process a court gets involved, and how the District Attorney's (DA) office initiates forfeiture through a Civil Court proceeding (as differentiated from a Criminal Court proceeding), if a case is contested. Chief Handy stated that seldom are the City's cases contested. A motion by Posey, second by Hardy to recess into Closed Session for discussion on Item Nos. 4-9. With no objections, the motion passed. RECESSED TO CLOSED SESSION — 5:03 PM CLOSED SESSION ANNOUNCEMENT(S) 3. 19-946 Mayor Peterson announced: Pursuant to Government Code §54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) CLOSED SESSION 4. 19-941 Pursuant to Government Code §54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686 5. 19-942 Pursuant to Government Code §54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4) 6. 19-943 Pursuant to Government Code §54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, 46 Council/PFA Regular Minutes September 16, 2019 Page 4 of 18 Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA) 7. 19-952 Pursuant to Government Code §54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544 8. 19-953 Pursuant to Government Code §54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Huntington Beach Police Officers’ Association and Nikitin (Yasha) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906 9. 19-960 Pursuant to Government Code §54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Calif. Dept. of Housing and Community Development v. City (HCD); OCSC Case No.: 30-2019-01046493 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:11 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None PLEDGE OF ALLEGIANCE — Led by Interim City Manager David Kiff INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 10. 19-851 Rev. James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Gates announced that at the conclusion of tonight's meeting, Council will recess into Closed Session to discuss Item Nos. 4, 5, 7, 8 and 9. AWARDS AND PRESENTATIONS 11. 19-918 Mayor Peterson called on Victoria Alberty who presented the "Adoptable Pet of the Month" Ms. Alberty, representing Waggin' Trails Rescue Foundation, introduced Jolly, a 5 to 7 month male Bichon mix, who is shy and plays well with other dogs. More details can be found at www.https://ozzieandfriendsrescue.org. 47 Council/PFA Regular Minutes September 16, 2019 Page 5 of 18 12. 19-917 Mayor Peterson called on members of the American Legion Post 133 who will celebrate its 100th Anniversary on Saturday, September 21 at 9:00 AM with a free community celebration at Rodgers Seniors Center American Legion members announced details for the 100th Anniversary celebration, and encouraged everyone to attend. 13. 19-919 Mayor Peterson called on Information Services Director Behzad Zamanian who presented the Mayor’s Award to Info Technology Analyst II, Brian Weinberg Information Services Director Behzad Zamanian, introduced Brian Weinberg, and described Brian's progression of duties since employment in October of 2003 as an Information Services Technician II, to his current position of Info Technology Analyst II. Director Zamanian described Brian as a self-motivated problem solver who is truly an asset to the City. Brian thanked Mayor Peterson and Director Zamanian for the award, and stated appreciation for his team mates who help him to be successful. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: City Manager’s Report #14. (19-954) PowerPoint communication submitted by Interim City Manager, Dave Kiff entitled Public Art Master Plan Update. Consent Calendar #15. (19-811) Two (2) letters received regarding the reappointment of Jerry Person as City Historian, and Kathie Schey as City Archivist. #16. (19-945) City of Huntington Beach RHNA Methodology Comment Letter to Mr. Kome Ajise, Executive Director of Southern California Association of Governments, received from Interim City Manager, Dave Kiff. Administrative Items #23. (19-958) Staff report and attachments submitted by Acting Assistant City Manager Travis Hopkins regarding The Great Pacific Air Show scheduled for October 4-6, 2019. #23. (19-958) Letter received from Kevin Elliot, Airshow Director, The Great Pacific Airshow. Prior to Public Comments, Interim City Manager David Kiff spoke and publically apologized for the removal of the memorial bench for Gloria Patton Ladsous from Triangle Park. PUBLIC COMMENTS (3 Minute Time Limit) — 28 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Claudia Perez Figueroa, Senior Field Representative for Assemblywoman Cottie Petrie-Norris, was called to speak and announced that Assemblywoman Petrie-Norris secured $1.7M in State funding for 48 Council/PFA Regular Minutes September 16, 2019 Page 6 of 18 the Huntington Beach Bluff Top Path Rehabilitation project, and read a statement from Assemblywoman Petrie-Norris. (01:23:30) Vanessa Martinez, speaking on behalf of Stephanie Ladsous, was called to speak and requested a full investigation, not just an apology, regarding the removal of the memorial bench from Triangle Park. (01:25:14) Stephanie Ladsous, a 30-year resident of Huntington Beach, was called to speak and stated appreciation for Interim City Manager Kiff's apology regarding the unexplained removal of her mother's memorial bench from Triangle Park, and provided her perspective of the incident. (01:28:10) Ken Lesnieski, a resident of Huntington Beach, was called to speak and shared the negative impacts created in his neighborhood by Sober Living Homes. (01:31:48) Sean Croson, Park Huntington Community Club, was called to speak and shared a PowerPoint communication to describe several neighborhood safety issues such as street and sidewalk repairs needed, and requested the crosswalks for Hawes Elementary be reinstated. (01:33:53) Natalie Graff, Park Huntington Community Club Secretary, was called to speak and thanked the Council for responsive City staff members, and respectfully requested that the issues described by Mr. Croson be addressed as soon as possible. (01:36:35) Barbara Haynes was called to speak and described her neighborhood experiences in support of Councilmember Item No. 26, regarding Sober Living Homes. (01:37:15) Robin Rustan, a resident of Huntington Beach since 1950 and disabled veteran, was called to speak and shared his personal experiences from living next door to two Sober Living Homes and stated his support for Councilmember Item No. 26. (01:38:50) Ryan Rustan, a resident of Huntington Beach since 1980, was called to speak and shared personal experiences related to the influx of Sober Living Homes in his neighborhood which, in his opinion, are jeopardizing resident health and wellbeing. (01:42:12) Chris Cervellone, 40+-year resident of Huntington Beach who volunteers at many community events related to fishing, was called to speak and shared his concerns regarding sending out to bid the lease for Let's Go Fishing Shop on the Pier, and asked why the current lease is not being extended. (01:44:10) Dave Sullivan, a 51-year resident of Huntington Beach, former Mayor and City Council Member, was called to speak and stated his support for reappointing Jerry Person as City Historian, and shared his opinions on Council actions, Sober Living Homes, and expressed his appreciation for those who serve as police and fire officers. (01:47:27) Robert Robey, Huntington Beach Fishing Club, Past President, was called to speak and stated his support for the current operators of the Let's Go Fishing Shop on the Pier, and asked that all of the extra community support they provide throughout the year be considered when renewing the lease. (01:51:13) Maureen was called to speak and shared her concerns related to homelessness near Brookhurst Street and Adams Avenue, and asked Council Members to keep neighborhoods safe. (01:52:56) 49 Council/PFA Regular Minutes September 16, 2019 Page 7 of 18 Brandt Stebbins was called to speak and shared his opinions regarding the removal of the memorial bench from Triangle Park, and asked that the bench be returned to its original location, and the homelessness issue be addressed. (01:54:47) Raynor Tsuneyoshi, Huntington Beach Fishing Club Member and Former State Director of Boating and Waterways, was called to speak and stated his support for the current operators of the Let's Go Fishing Shop on the Pier, and asked that the current lease be extended. (01:57:18) Susan Taylor, a long-time resident of Huntington Beach and Sunset Beach, was called to speak and stated her support for Councilmember Item No. 26 regarding Sober Living Homes. (02:00:04) Agnes M. Simcox, a resident of Huntington Beach since 1965, was called to speak and shared personal experiences related to neighborhood homelessness issues, and asked to have personal civil charges reversed. Mayor Peterson asked Ms. Simcox to complete a blue card for staff follow-up. (02:03:20) Kathy Carrick was called to speak and thanked Mayor Peterson and Councilmember Brenden for their attention to Sober Living Home issues. She also shared her opinions regarding transients in Huntington Beach and asked what the plan is to address homelessness issues. (02:06:13) Amory Hanson was called to speak and expressed his support for Consent Calendar Item No. 15 B) for the appointment of Kathie Schey as City Archivist. (02:09:01) Bob Genzel, Huntington Beach Fishing Club member, was called to speak and shared his personal observations related to the people who fish from the Pier, and stated his support for continued operation of the Let's Go Fishing Shop on the Pier. (02:10:44) Ann Parker was called to speak and shared her opinions related to Sober Living Homes and homelessness issues in Orange County. (02:13:57) Kathryn Levassiur, Huntington Beach resident and Founding Member of the Huntington Beach Short- Term Rental Alliance, was called to speak and stated her case for potential sustainable revenue from Short-Term Rentals, and encouraged the City to implement processes to regulate and tax a service which many residents are already providing. (02:17:47) Matt Beucler was called to speak and thanked Mayor Peterson and Councilmember Brenden for their attention to Sober Living Home issues, stated his support for Councilmember Item No. 26, and asked for readily available information and guidance on how residents can address their concerns and help solve the problem. (02:20:55) Teresa Carlisle, Huntington Beach Art Center, was called to speak and announced the Edge of Light event scheduled from September 21 through October 26, with an Opening Reception on Saturday, September 28, and invited everyone to visit this exhibition. (02:24:17) Al Levassiur was called to speak and stated his case for potential sustainable revenue from Short-Term Rentals, and encouraged the City to implement processes to regulate and tax a service which many residents are already providing. He also expressed his support for the Let's Go Fishing Shop on the Pier. (02:25:48) 50 Council/PFA Regular Minutes September 16, 2019 Page 8 of 18 Deb Ozdinski, a homeowner on 19th Street since 1985, was called to speak and shared negative personal experiences related to having a Sober Living Home next door, and stated support for Councilmember Item No. 26. (02:27:14) Greg Ozdinski, a Huntington Beach homeowner for 34 years, was called to speak and shared negative experiences related to having a Sober Living Home next door, and stated support for Councilmember Item No. 26. (02:30:29) Kevin Elliott, The Great Pacific Air Show Director, was called to speak and announced highlights and updates for the October 4-6, 2019, event and stated his appreciation for Council's consideration in Administrative Item No. 23 regarding fee waiver, parking offset contribution, and in-kind trash collection services. (02:33:42) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Carr reported attending the Metropolitan Water District of Orange County (MWDOC) 2019 Water Policy Forum and Dinner, and meeting with the Huntington Beach Police Officers’ Association (HBPOA). Mayor Pro Tem Semeta provided an update on Southern California Association of Government's (SCAG) regional housing needs methodologies, and reported that the SCAG Regional Council voted to reject the $1.3M regional allocation issued by California Department of Housing and Community Development (HCD). Councilmember Brenden reported meeting with four (4) members of the Police Management Association (PMA) Board of Directors. Councilmember Posey reported meeting with the Huntington Beach Police Officers’ Association (HBPOA), attending the SCAG HCD Committee meeting which rejected the $1.3M regional allocation, and suggested a new number that incorporates current State law and methodology; and as Chair of the Orange County Parks Commission, participated in a field trip to the Modjeska Historical Homestead/Ranch in Silverado Canyon where on Saturday, September 28, there will be an Open House for the public. Councilmember Delgleize reported attending the Metropolitan Water District of Orange County (MWDOC) 2019 Water Policy Forum and Dinner, and a Homelessness Panel offered by the City of Los Angeles. CITY MANAGER’S REPORT 14. 19-954 Interim City Manager Dave Kiff provided an update on the Ascon clean-up effort, and introduced Marie Knight, Community Services Director, for a progress report on the Public Arts Master Plan, among other subjects. Marie Knight, Community Services Director, presented a PowerPoint communication entitled Public Art Master Plan Update with slides entitled Next Steps, and Huntington Beach Public Art Master Plan. 51 Council/PFA Regular Minutes September 16, 2019 Page 9 of 18 CONSENT CALENDAR Mayor Pro Tem Semeta pulled Consent Calendar Item No. 15 (19-811). Councilmember Carr pulled Consent Calendar Item Nos. 17 (19-950) and 19 (19-905). 15. 19-811 Approved the reappointment of Jerry Person as City Historian, and the appointment of Kathie Schey as City Archivist, each to serve a four-year term commencing September 22, 2019, and ending on September 22, 2023 Mayor Pro Tem Semeta pulled this item to thank Kathie Schey for serving as a volunteer City Archivist for years, and used this opportunity to acknowledge her services in a more formal manner. She also thanked Jerry Person for his interest in continuing to serve as City Historian. Councilmember Delgleize stated her support for this Item and her appreciation for the services of both Jerry Person and Kathie Schey. A motion was made by Semeta, second Brenden to reappoint Jerry Person as City Historian for a four- year term commencing September 22, 2019, to September 22, 2023; and, appoint Kathie Schey as City Archivist for a four-year term commencing September 22, 2019, to September 22, 2023. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 16. 19-945 Received and Filed the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process A motion was made by Semeta, second Carr to receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 17. 19-950 Adopted Resolution No. 2019-58 approving application(s) for specified Grant Funds and appropriated $1.7 million from the State Department of Parks and Recreation for the Rehabilitation of the Blufftop Path Councilmember Carr pulled this item to acknowledge the hard work of City staff, and Assemblywoman Cottie Petrie-Norris, to secure the $1.7M grant for the rehabilitation of the Blufftop Path. Councilmember Delgleize stated her support of Councilmember Carr's comments in recognizing the persistence of City staff, and support of Assemblywoman Cottie Petrie-Norris to secure this grant. A motion was made by Carr, second Brenden to adopt Resolution No. 2019-58, "Resolution of the City Council of the City of Huntington Beach Approving Application(s) for Specified Grant Funds;" and, 52 Council/PFA Regular Minutes September 16, 2019 Page 10 of 18 appropriate $1.7 million upon receipt of Specified Grant Funds from the Department of Parks and Recreation. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 18. 19-862 Approved and authorized execution of an Agreement with Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Program Consulting Services for a total contract amount not to exceed $120,000 through October 2022; and, authorized increase in Professional Services authority in the City Manager’s Department A motion was made by Semeta, second Carr to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services" in the amount of $120,000 through October 2022; and, approve an increase in Professional Services authority in the City Manager's Department by the commensurate amount. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 19. 19-905 Approved, accepted and authorized execution of a Grant agreement for the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant; and, approved appropriation and expenditure of funds by the Chief of Police Councilmember Carr pulled this item to share her concern that Huntington Beach ranks first when looking at 50 comparable cities for the number of juvenile bicycle accidents, and second in overall bicycle accidents, and asked Police Chief Handy to describe some steps being taken to address these two issues and explain how these funds will be used. Chief Handy expressed appreciation for the grant funds, and described how the funds will be used to address the DUI and bicycle accident issues within the City through enforcement and education. Councilmember Hardy and Chief Handy discussed proactive education opportunities within the schools using these grant funds. Councilmember Delgleize stated support for more education opportunities and suggested Orange County Transit Authority (OCTA) may also be able to assist with bicycle education. Chief Handy confirmed that there is existing collaboration with OCTA. A motion was made by Carr, second Delgleize to approve and accept the OTS STEP Grant agreement #PT20061 between OTS and the City of Huntington Beach for $785,000; and, authorize the Chief of Police to execute the grant agreement with OTS; and, approve appropriations and estimated revenue source in the amount of $785,000; and, establish a separate business unit for this funding and authorize 53 Council/PFA Regular Minutes September 16, 2019 Page 11 of 18 the Chief of Police to expend up to a total of $785,000 plus accrued interest on the Selective Traffic Enforcement Program (STEP) grant. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 20. 19-929 Approved and authorized execution of a three-year Professional Services Contract with Keyser Marston Associates, Inc. for as-needed Economic Analysis Services; and, increased Office of Business Development Professional Services Listing A motion was made by Semeta, second Carr to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Analysis Services" in an amount not to exceed $270,000 over a three-year period; and, increase the Office of Business Development Professional Services Listing by $90,000. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 21. 19-955 Approved Fiscal Year 2018/19 Year-End Budget Adjustment and Inter-Fund Transfers A motion was made by Semeta, second Carr to approve the appropriation and transfer up to $1.0 million into the Section 115 Trust from one-time FY 2018/19 year-end savings and revenues to reduce the City's unfunded pension liabilities as reflected in Attachment 1; and, approve appropriation and transfer of $2.0 million to the Fiscal Year 2018/19 Revised Budget in the Infrastructure Fund (314) and an additional $250,000 for park improvements as contained in Attachment 1; and, approve authorization to execute any necessary action to comply with Resolution 2019-55 (City Manager Employment Agreement) including the inter-fund transfer of $1.58 million from FY 2018/19 General Fund budgetary; transfer request is reflected in Attachment 1; and, authorize appropriation and inter-fund transfers in non-General Fund accounts for expenditures totaling $104,317 as contained in Attachment 1. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None PUBLIC HEARING 22. 19-940 Public Hearing held; adopted Resolution 2019-69 approving an Annual Assessment within the Huntington Beach Downtown Business Improvement District (DTBID) for Fiscal Year 2019-2020; and authorized appropriation of funds Interim City Manager Dave Kiff offered a staff presentation on this item if Council desired. 54 Council/PFA Regular Minutes September 16, 2019 Page 12 of 18 Mayor Peterson asked for any Council questions or discussions, and there being none he opened the Public Hearing. Public Hearing Speakers — None Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet for this item: Written communication from Deputy Director of Economic Development Kellee Fritzal identifying a correction to the proposed expenses for 2019/2020, and a PowerPoint communication entitled 2019/2020 Downtown BID Renewal. Mayor Peterson closed the Public Hearing. City Clerk Robin Estanislau announced that if the protests total less than 50% of the total assessment amount, the City Council can approve the proposed Business Improvement District. If more than 50% of the total assessment is protested, the City Council cannot form the Business Improvement District or consider it further for one year. The percentage of assessments protested for the Downtown BID is .71%, or $820 of the $115,126 projected assessment amount. Protests were received from two (2) of the two hundred and sixty-one (261) businesses in the Business Improvement District boundaries. A motion was made by Delgleize, second Semeta to conduct the Public Hearing; and, if protests of 50% are not received, adopt Resolution No. 2019-69, "A Resolution of the City Council of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2019-2020" and, appropriate an additional $29,000 for a total of $120,000 into Fund 710 for FY 2019-20. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ADMINISTRATIVE ITEMS 23. 19-958 Approved request for fee waiver, parking offset contribution, and in-kind trash collection services for Code Four, Operator of the Great Pacific Air Show scheduled to take place on October 4-6, 2019, in the City of Huntington Beach Interim City Manager Dave Kiff introduced this item and provided background details regarding The Great Pacific Air Show request for associated fees and waivers, on the basis that the overall increased revenues to the City from event attendees for hotel stays and sales tax more than compensates for the reduced fees and waivers. Councilmember Hardy and Marie Knight, Director of Community Services, discussed this year's projected expenditures which are about the same as last year. 55 Council/PFA Regular Minutes September 16, 2019 Page 13 of 18 Councilmember Posey described his misunderstanding of the $100,000 cap when it is anticipated that this year’s expenditures are expected to match last years. He made a motion to approve recommended action C), Consider alternative options: removing the cap of $100,000. Councilmember Delgleize seconded the motion. Discussion ensued. Councilmember Carr stated her support for Plan A, or C, and suggested that with this level of support the City should be getting naming rights and acknowledged as a sponsor or partner for this event. Councilmember Brenden expressed his appreciation for the tremendous efforts of Code Four for a successful event, and stated support for Councilmember Carr's suggestion for the City to be acknowledged as a sponsor or partner. Councilmember Hardy asked why Councilmember Posey wants to give away more of the City's money by removing the cap. Mayor Pro Tem Semeta and Kevin Elliott, Great Pacific Airshow Director, discussed plans to remain in Huntington Beach, and a bit of the history of the event including naming. Mr. Elliott explained that regional supporters hesitate to participate if the event is strictly tied to a specific city, and added that “Huntington Beach, CA” is prominently listed as part of the event name. He further shared some of the hard costs that Code Four pays related to keeping this event safe for everyone, and added that KABC Channel 7 will be producing a made-for-TV special which will provide a lot of additional City publicity. Mayor Pro Tem Semeta expressed her support for this event, and expects that eventually it will be so successful that the City will not have to provide any financial assistance. Councilmember Delgleize expressed her expectation that this event will secure major sponsors that will eliminate the need for continued fee waiver and parking offset from the City. Councilmember Brenden expressed his support for this event, and understands Mr. Elliott's explanation for not using Huntington Beach more prominently in the event name. Councilmember Hardy and Councilmember Posey discussed the difference in parking offset revenues amount between supporting documentation ($110,000) and what appeared in the Agenda $100,000). It was determined that was a typographical error. A substitute motion was made by Peterson, second Semeta to authorize the City Manager to approve a Specific Event Permit for the 2019 Great Pacific Airshow that includes a fee waiver of $11,250, parking offset revenues of up to $100,000 $110,000 contingent on actual parking revenues, and that utilizes aspects of the City's in-kind contributions via its waste franchise agreements (estimated at up to $10,000). The substitute motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 56 Council/PFA Regular Minutes September 16, 2019 Page 14 of 18 COUNCILMEMBER ITEMS 24. 19-947 Item submitted by Councilmember Posey approved as amended — Test Claim regarding Prison/Jail realignment and local Public Safety costs Councilmember Posey provided background on this issue, including the fact that approximately 2.5% of arrestees might be considered AB 109 releasees, and called on Police Chief Handy to highlight criminal arrest histories, regulations and procedures and the effort required by his staff to document and analyze data. Councilmember Posey confirmed with City Attorney Michael Gates that IF the City were to file a lawsuit against the State over the negative financial impact of AB 109, it must first file a Test Claim. Councilmember Posey and Chief Handy discussed general parameters for a test time frame of 10/1/19 to 6/1/20 for data collection to decide if the City should move forward. Chief Handy agreed to issue a memo to Council by mid-November with specifics. Councilmember Carr expressed concern regarding the additional police officer time required for this type of analysis. Chief Handy explained the current Uvisa process, and stated his hope that the AB 109 data collection would not involve officers, but rather use back office staff time in Records and Crime Analysis. Chief Handy further stated that he will address the time issue more specifically in his mid-November memo to Council. Mayor Pro Tem Semeta stated support for Councilmember Carr's concern about this project requiring too much staff time, and in her opinion this topic should be a closed session item because it is about possible legal action. Chief Handy reiterated his opinion this effort will not require additional officer time, and expectation that it will become evident sooner rather than later whether the effort will pay off. Councilmember Posey provided some additional facts related to AB 109 through which the state remanded 45,000 prisoners back to the custody of counties and cities, and stated he is interested in recuperating as much as possible for the additional costs to the City, and explained that data analysis is required to verify the additional costs. A motion was made by Posey, second Peterson to Direct the City Manager and Police Chief to perform a sample-based analysis of a criminal arrest histories going back to 2012 to understand the financial impact on the City. A representative sample is one technique that can be used for obtaining insights and observations about a targeted population group. For example, this analysis should look at the correlation between those with criminal records that have come into contact with our Police Department (e.g. arrests) who are homeless and who would have been in prison had it not been for the realignment. I believe that the City has a duty to understand the financial impacts of AB 109 and to bring forth a Test Claim stating the impacts to the community. Direct the Police Chief to at his discretion, work with staff and consultants to establish parameters necessary to perform a sample-based analysis to understand the financial impact on the City, and provide a memo with findings to Council by mid- November. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 57 Council/PFA Regular Minutes September 16, 2019 Page 15 of 18 25. 19-948 Item submitted by Councilmember Posey approved as amended - California Public Employee Retirement System (Cal-PERS) and Environmental, Social, or Governance (ESG) plans Councilmember Posey described his efforts to date on this issue, including confirming support from other area cities, to determine if it appears there has been fiscal mismanagement by Cal-PERS regarding their Environmental, Social, or Governance (ESG) investing policies. Mayor Peterson described a recent report to the Sanitation District on their investment process and explained that changing from a seven-year to a five-year "smoothing" process alone requires increased contributions, and recommended that the Finance Commission be charged with not only looking at the funds Cal-PERS is investing in but also the process(es) used. Councilmember Posey stated his support for the Finance Commission to look at all factors related to return on investment. Councilmember Carr expressed her concerns that suing Cal-PERS would be a losing proposition, and described examples of failed investments and risk to support why she finds it difficult to support the item when uncertain about the City’s return on investment. Councilmember Posey stated his opinion that the Finance Commission needs to determine what is causing the increased employee contributions, and Huntington Beach needs to be a leader in this effort. He also feels there are multiple reasons for increased contributions, one of which may be the investment policies that are directed by Cal-PERS Board of Directors, suggesting that the Finance Commission study the situation. Councilmember Hardy suggested that the issue be addressed in steps for now, and stated support to forward the item to the Finance Commission only at this time, and not to the City Attorney's Office. Councilmember Carr stated she believes there are more effective ways to lobby Cal-PERS, such as through the meeting currently scheduled with Mayor Pro Tem Semeta, Councilmember Delgleize and Cal-PERS. Councilmember Posey explained that he personally has had meetings in Sacramento with Cal-PERS staff, and an information exchange Town Hall meeting in Council Chambers, in addition to an acknowledgement from the President of Cal-PERS that there is an issue with their ESG policy, but it takes the Cal-PERS Board of Directors to make a change. Councilmember Posey added that he would agree to strike the last sentence of the Recommended Action. Mayor Peterson and Manager Kiff discussed how entities participate in good faith when relying on a third party to manage investments. Councilmember Hardy offered a second to the motion, and stated her opinion that a Finance Commission study of the issue would certainly enhance lobbying effort. A motion was made by Posey, second Hardy to direct the Finance Commission to study the impact of Cal-PERS' ESG policy on Huntington Beach's unfunded pension liability, then to report back to the Council with an estimate of what amount of the City's unfunded liability is due to or was increased by 58 Council/PFA Regular Minutes September 16, 2019 Page 16 of 18 Cal-PERS' ESG policies. Concurrent with that report, direct the City Attorney to report back on a legal strategy to address any losses to HB's Cal-PERS plan due to Cal-PERS' ESG policies. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 26. 19-949 Item submitted by Mayor Peterson and Councilmember Brenden approved - Sober Living Homes Councilmember Brenden introduced this item by providing a brief overview of past Council actions on this topic over the last couple of years, and the past decision to take a “wait and see” attitude. He further explained that very recent court decisions supporting ordinances related to Sober Living Homes in a neighboring city makes this a time to proceed. He proceeded to provide details related to current legislation and definitions, and listed some of the issues that could be addressed through ordinances. Mayor Peterson stated that he and Councilmember Brenden believe it is now time to act so that living conditions for City residents, as well as Sober Living Home residents, will be improved through legally acceptable rules and policies. Councilmember Posey and City Attorney Michael Gates discussed that addressing this issue takes a long time due to all of the laws that govern the rights of individuals seeking treatment and recovery. Also, previous regulation efforts by area cities have been disallowed by the court system. By looking at the past efforts and understanding what the court(s) do not allow, Costa Mesa took a different approach several years ago and has been successful in their court challenges, therefore, it seems a prudent time for Huntington Beach to follow Costa Mesa's lead. Councilmember Posey and City Attorney Gates discussed that the City has been successful in closing down the illegal Sober Living Homes, but there are still many other situations that need to be managed. Councilmember Posey expressed his support for enforceable, defensible, and sensible legislation to regulate or curb proliferation. Mayor Pro Tem Semeta expressed her support for moving this item forward and believes in the end both neighborhood residents and recovering residents will benefit. In stating her support for this item, Councilmember Carr thanked Councilmember Brenden and Mayor Peterson for bringing this item forward, as well as Costa Mesa councilmembers for successfully maneuvering ahead, and noted that there is State legislation in process regarding licensure requirements and other issues related to regulating Sober Living Homes. Councilmember Brenden thanked City Attorney Michael Gates and Chief Assistant City Attorney Mike Vigliotta for their staff's efforts on this issue. Councilmember Delgleize echoed the comments of appreciation for City Attorney Gates and his staff, Costa Mesa's Council leadership, and the District Attorney's Office efforts which, in her opinion, have culminated in this tipping point. 59 Council/PFA Regular Minutes September 16, 2019 Page 17 of 18 Councilmember Hardy stated her agreement with Councilmember Posey's comment that in the end this issue will be properly regulated when the insurance industry is regulated, and thanked Laguna Beach, Newport Beach and Costa Mesa for helping to lead the way to successful regulations. A motion was made by Brenden, second Peterson to direct the City Attorney to return to City Council by October 21, 2019, with one or more draft Ordinance(s) that strike an appropriate balance between the interests of the City and its residents to preserve residential neighborhood character and the need to provide reasonable accommodation for the disabled to reside in normalized residential environments that promote effective recovery. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey discussed providing an update on the Navigation Center, SB2 Funding, and the Air Show at the Chamber of Commerce AM Connect Breakfast; participated in Surf City Classics - First Responder Cruise to honor the men and women who put their lives on the line for our safety; and congratulated Antonia Graham, Assistant to the City Manager, as one of three women selected nationally for receiving a scholarship to the International City/County Managers Nashville Conference. Councilmember Hardy thanked the American Legion, Post 133, for the moving 9/11 ceremony; congratulated Michael Harding for his Eagle Scout Court of Honor; and thanked Mr. Dave Kiff for serving as Interim City Manager as a great example of serving beyond expectations. Mayor Pro Tem Semeta thanked Mr. Dave Kiff for serving as Interim City Manager and expressed appreciation for the opportunity to work with him; reported attending the Waves of Valor - Huntington Beach Veteran Surf Camp; Orange County Board of Supervisors meeting to recognize City Attorney Michael Gates; speaking with students from Chuo University, Tokyo, who are participating in the Sister City Association program; attending the Patriot Day Ceremonies; congratulated Jesse Hart, Police Officer of the Year, Stephen Teasdale, Firefighter of the Year, Leslie Schwene, Lifeguard of the Year, and Antonia Graham, Assistant to the City Manager. Councilmember Carr reported attending the HB Council on Aging 31st Annual Senior Saturday Community Festival; Waves of Valor - Huntington Beach Veteran Surf Camp; 12th Annual Blessing of the Waves; Orange County Board of Supervisors meeting to recognize City Attorney Michael Gates; Patriot Day Ceremony; Surf City Saturday; He'e Nalu Aloha Pier Festival; announced that September is Suicide Prevention Month and provided a web resource: suicideispreventable.org; reminded everyone of the Saturday, September 21, Surf City Sundown 10K Run; and expressed appreciation to Mr. Dave Kiff, Interim City Manager, for his time of service. Councilmember Brenden expressed appreciation to Mr. Dave Kiff, Interim City Manager, for not shying away from the issues; suggested reading an article in the New York Times, September 4, 2019, (updated on 9/6/19) regarding scooter madness in San Diego to understand what Huntington Beach is missing out on because Council voted for a prohibition on electric scooters; announced the American Legion, Post 133, Centennial Celebration on Saturday, September 21, at Rodgers Seniors' Center; 35th Annual Coastal/Inner-Coastal Clean-up Day on Saturday, September 21, and details can be found at 60 Council/PFA Regular Minutes September 16, 2019 Page 18 of 18 www.coastkeeper.org; Celebration of Life for Norma Gibbs, Saturday, September 21, 2 PM at the Senior Center in Central Park; Chefs for Scholarships fundraising event at Goldenwest College, 4 - 7 PM, Sunday, September 29; and The Pacific Air Show, October 4-6. He wished Councilmember Posey and his wife, Antoinette Brenden, a Happy Birthday for Tuesday, September 17. Councilmember Delgleize reported attending the Santa Ana River Watershed Ambassador Program for Local Policymakers; and expressed gratitude for the opportunity to serve with Mr. Dave Kiff, Interim City Manager. Mayor Peterson thanked Chris Merkle for the Waves of Valor - Huntington Beach Veteran Surf Camp; reported attending the 12th Annual Blessing of the Waves; Orange County Board of Supervisors meeting to recognize City Attorney Michael Gates; announced that Whole Foods Market is coming to Adams Avenue and Brookhurst Street; and thanked Mr. Dave Kiff, Interim City Manager, for his outstanding service to the City. At 9:33 PM, City Council recessed into Closed Session to discuss Item Nos. 4, 5, 7, 8 and 9. ADJOURNMENT — At 10:58 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, October 7, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 61 City of Huntington Beach File #:19-951 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: Approve the September 2019 City of Huntington Beach Strategic Plan Update Statement of Issue: The City Council held a Strategic Planning Retreat on February 7, 2019, in which the City Council developed 20 Strategic Objectives based on four (4) Strategic Plan Goals. The Strategic Objectives were reviewed in a public meeting and through consensus by the City Council Members present, were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to City Council for approval on March 4, 2019. Financial Impact: Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered separately. Recommended Action: Approve the September 2019 Strategic Objectives Update as contained within Attachment 1. Alternative Action(s): Amend or reject the Strategic Objectives Update and direct staff accordingly. Analysis: In 2009, the City Council began an annual strategic planning process to develop consensus on a Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In fulfilling this process, the City Council met on February 7, 2019, to review and update the Three-Year Goals and their Priority Strategic Objectives. The Three-Year Goals are organized into four categories as follows: ⁻Enhance and Maintain High Quality City Services ⁻Enhance and Maintain the Infrastructure ⁻Strengthen Long-Term Financial and Economic Sustainability ⁻Enhance and Modernize Public Safety Service Delivery City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™62 File #:19-951 MEETING DATE:10/7/2019 Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the Strategic Objectives were brought forth to City Council on March 4, 2019, where they were approved in their entirety. The attached Strategic Objectives Matrix contains a status and comments column that are updated to reflect the most recent activity on each item that was identified at the Council Strategic Planning Session. The status is reported to the City Council each month. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and Maintain High Quality Services Enhance and Maintain the Infrastructure Strengthen Long-Term Financial and Economic Sustainability Enhance and Modernize Public Safety Service Delivery Attachment(s): 1. City of Huntington Beach Strategic Objectives -September 2019 Update City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™63 A CITY OF HUNTINGTON BEACH 12-MONTH STRATEGIC OBJECTIVES February 7, 2019 – February 1, 2020 May 2019 Update THREE-YEAR GOAL:Enhance and maintain high quality City services WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By May July Sept 15, 2019 November 18, 2019 Economic Development Deputy Director and Police Chief Present to the City Council for action an updated plan for addressing homelessness and report the results to the City Council.X Staff is currently updating the Plan to Address Homelessness with the City Council Sub-committee. 2. By July 1, 2019 November 18, 2019 Economic Development Deputy Director working with the Chief Financial Officer Develop and present to the City Council for consideration participation in the Orange County Housing Trust. X The Orange County Housing Trust was adopted by the County of Orange in March 2019. Multiple cities have joined the trust. 3. By August 1, 2019 Oct. 1, 2019 December, 2019 Community Services Director (lead), City Manager and City Attorney Review current municipal codes related to community services and provide to the City Council recommendations that would allow the City to enhance public services. X Community Services & Police Department have met to identify specific codes in need of revisions. 4. By Oct. 1, 2019 Dec. 1, 2019 Human Resources Director, with input from each Department Director Review and evaluate the results of the Succession Planning Survey and provide a summary report, with recommendations, to the City Council for review and evaluation. X Staff presented recommendations in the context of FY 2019-20 Proposed Budget discussion for certain components and departments. Additional recommendations are forthcoming. 64 B 5. By August 1, 2019 Assistant to the City Manager working with the Assistant City Manager, Information Services Director, Chief Financial Officer and Public Information Officer Present to the City Council a plan for the transition out of PCTA (Public Cable Television Authority). X City of Huntington Beach operation of HB Channel 3 went live July 23 6. By August 15, 2019 By November 2019 Community Services Director Present to the City Council at a study session the draft Public Art Master Plan. X Consultant kicked off process with 2 days of Community Stakeholder interviews and a tour of current and potential future public art sites. Currently a city-wide survey is being conducted to receive more public input Update will be provided by November 2019. 7. By December 15, 2019 Community Development Director Bring Phase II of the Zoning Code update to the City Council for consideration. X 65 C THREE-YEAR GOAL:Enhance and maintain the infrastructure WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June 1, 2019 Public Works Director, working with the Community Services Director Utilizing the Parks Master Plan, prioritize next year’s proposed improvements and present to the City Council as a part of the 2019-2020 budget. X Proposed park improvements are included in the 2019-20 Proposed Budget. 2. By Sept. 1, 2019 Oct. 7, 2019 Assistant City Manager (lead), Chief Information Officer and Public Works Director Develop and present to the City Council for action a Broadband Master Plan for the installation of fiber throughout the city. X A working group was identified to develop a plan and present to Council in September 2019. The team met in September and is currently working on a developing content for the presentation. Presentation is scheduled to be on the Study Session for CC on October 7 meeting. 3. By Aug. 1, 2019 Sept. 16, 2019 Public Works Director, working with the Community Development Director and Police Chief Hold a study session on the feasibility of developing a citywide Traffic Mitigation Plan.X Presented to City Council at the Sept. 16 Study Session – Follow up items requested. 4. By December 1, 2019 Feb. 1, 2020 Chief Information Officer and Public Works Director Develop and present to the City Council for action a plan for the selection of an Enterprise Asset Management System. X Initial needs assessment completed. Project management budget for evaluation and RFP has been secured in 19/20 FY. There will be a project kickoff meeting in the first week in December. 5. By February 1, 2020 Library Services Director (lead) and Public Works Director Conduct a City Council study session to share the results of the library facility assessment and present a draft Library Facilities Master Plan.X Draft RFP nearing completion. Library Director met with City contract architect to clarify and review project scope. 66 D THREE-YEAR GOAL:Strengthen long-term financial and economic sustainability WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June August November 1, 2019 Deputy Director of Economic Development Provide update to City Council on plan to redevelop Boeing site.X Sares-Regis purchased Phase II (50 acres) with a two-year lease-back clause. Boeing is selling Phase III. 2. By Sept. 1, 2019 Community Development Director and City Attorney Conduct a study session on opportunities and challenges associated with short-term rentals.X Study Session conducted on Sept. 3. Staff is working on follow up information. 3. By July 1, 2019 City Manager, Assistant City Manager and Chief Financial Officer Recommend to the City Council for action the use of one-time money for long-term liabilities.X Recommendation for the use of one-time funds to expedite the pay-down of unfunded liabilities is included in the FY 2019-20 Proposed Budget. 4. By Oct. 1, 2019 Assistant City Manager, Economic Development Director (lead), Community Development Director, Police Chief, and Fire Chief. Conduct a City Council study session regarding the pros and cons of the cannabis economy, with the exception of dispensaries and cultivation, along with a cost-benefit analysis.X Study Session conducted on August 19. Staff is working on further background. 67 E THREE-YEAR GOAL:Enhance and modernize public safety service delivery WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By April 15, 2019 By May 22, 2019 By August 19, 2019. By November 18, 2019 Fire Chief and Chief Financial Officer Present to the City Council for consideration a revised EMS fee schedule that aligns with rates in Orange County and reflects best practices.X A study has been conducted regarding potential for new rates and methodology. Certain follow-up items are being reviewed to finalize recommendations. Going to Council on November 18, 2019. 2. By May 15, 2019 Public Works Director and Police Chief Recommend to the City Council for action the award of a contract for the design of the Police Headquarters Modernization Project.X Approved by the City Council on 3-18-19 3. By August 1, 2019 Dec. 15, 2019 Police Chief and Chief Information Officer Bring to the City Council for action a proposal for replacement of the CAD/RMS system.X Project team is evaluating different systems and schedule vendor demos of CAD/RMS products. 4. By September 1, 2019 Nov. 1, 2019 Assistant City Manager (lead), Police Chief and Chief Financial Officer Present funding options to the City Council to enhance funding for additional police staffing.X 68 City of Huntington Beach File #:19-1009 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Direction to Staff to Explore Other Options for a Navigation Center and Authorize City Manager to Sign Documents Required For the Sale of Pipeline Lane Property Statement of Issue: As part of the City’s previous Declaration of a Shelter Crisis, on April 18, 2019, the City Council approved the acquisition of 15311 Pipeline Lane (the “Property”) as a possible, but not certain, location of a Homeless Navigation Center. After hearing subsequent concerns from the community, and of those voiced by City Council Members, and members of City staff, staff is recommending pursuing other options for a Navigation Center that might be more suitable, and acceptable to the community. City staff is currently researching other viable options, including regional solutions, temporary back-up solutions, fixed city owned locations, and other potential commercial locations. Financial Impact: No fiscal impact. Recommended Action: A) Direct Staff to evaluate other location options for a Homeless Navigation Center; and, B) Authorize the City Manager to execute any and all documents related to the sale of 15311 Pipeline Lane, Huntington Beach, CA, and reimburse funds accordingly. Alternative Action(s): Do not pursue other options for a Navigation Center and direct Staff as necessary. Analysis: As part of the City’s previous Declaration of a Shelter Crisis, on April 18, 2019, the City Council approved the acquisition of 15311 Pipeline Lane (the “Property”) as a possible, but not certain, location of a Homeless Navigation Center. After hearing subsequent concerns from the community and of those voiced by City Council Members and members of City staff, staff is recommending pursuing other options for a Homeless Navigation Center that might be more suitable and acceptable City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™69 File #:19-1009 MEETING DATE:10/7/2019 to the community. City staff is researching other various options, including a regional solution, temporary back-up solutions, fixed City-owned locations, and other potential commercial locations. City staff will continue to provide City Council updates regarding viable location options, including potential fiscal impacts. Upon completion of the sale of the Pipeline Lane Property, the funding sources used to purchase the site will be reimbursed from the sales proceeds. Any commissions regarding the sale, if necessary, will be funded from the General Fund. At this time, there are sufficient General Fund appropriations available to cover this expense. The financial impact of other opportunities, or solutions, are currently under evaluation. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): None City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™70 71 72 73 City of Huntington Beach File #:19-974 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Adopt Resolution No. 2019-70 amending Residential Permit Parking District “Q” affecting residents on Wrenfield Drive and Cobra Lane in Huntington Beach Statement of Issue: Residents along a portion of Wrenfield Drive and Cobra Lane have petitioned the City to be included in Permit Parking District “Q”. Financial Impact: The provisions of Huntington Beach Municipal Code Chapter 10.42 requires that the residents participating in a residential permit parking district pay a proportionate share of the cost to amend the district. Typical costs include, but are not limited to, installation of signs, curb markings, which are funded in the General Fund Signs and Marking business unit 10085302, and staff time to issue permits, which are funded in the General Fund Transportation Management business unit 10085301. The total cost estimated for amending the parking district is $812 or $58 per address . Recommended Action: Adopt Resolution No. 2019-70, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “Q” Within the City of Huntington Beach .” Alternative Action(s): Deny the recommended action. Analysis: Permit Parking District Q was established by City Council Resolution No. 2014-59 on August 18, 2014 consisting of a portion of Wrenfield Drive, Kristopher Lane between Wrenfield Drive and Kilda Circle, and Dohrn Circle. The neighborhood is located south of Warner Avenue east of Edwards Street and is shown in Attachment 1. Parking District “Q” was amended on June 20, 2016 by City Council Resolution 2016-37 to include Kristopher Lane between Kilda Circle and Kirklund Circle. This amendment request includes adding the addresses along Wrenfield Drive not included in the current parking district, and Cobra Lane to Parking District “Q” due to commuter vehicle parking concerns. City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™74 File #:19-974 MEETING DATE:10/7/2019 The current parking district and proposed amendment areas are shown in Attachment 2. As required by Municipal Code Chapter 10.42 (MC 10.42), Permit Parking Districts, staff reviewed the request, determined the concerns of the residents were valid, and considered the proposed amendment are to be reasonable. Following procedures in MC 10.42 ballots were sent to the affected properties with 86% voting in support of the permit parking district amendment. A minimum of 75% of the property units in favor of the proposal is required to continue the evaluation. Following the ballot process staff investigated the parking conditions on Wrenfield Drive and Cobra Lane as required by (MC 10.42). Field reviews of the area showed that the south side of Wrenfield Drive requested for permit parking is regularly impacted by commuter vehicle parking with occupancies greater than 90%. Cobra Lane was not observed to have similar parking impacts, however, the residents chose to include their street reasoning the impacted parking could move to Cobra Lane if all of Wrenfield Drive were to be designated permit parking. Based on the observed parking conditions and discussion with the residents, staff recommends amending Permit Parking District “Q” to include the properties on Wrenfield Drive not a part of the existing parking district, and Cobra Lane. Staff believes findings can be made demonstrating that commuter vehicle parking unreasonably and regularly interferes with the use of available street parking for residents or their guests which is consistent with code requirements as a basis for establishing permit parking. Although the current parking restrictions of midnight to 6 a.m. would be extended along the Golden View Park frontage with the amendment, during these times the park and school are typically closed and would not conflict with code provisions restricting public parking for those uses. Public Works Commission Action: None required. Environmental Status: The project is categorically exempt from CEQA. Strategic Plan Goal: Enhance and maintain infrastructure. Attachment(s): 1. Vicinity Map 2. District Q Amendment Map 3. Staff Evaluation 4. Resolution 2019-70, “A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District “Q” Within the City of Huntington Beach” City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™75 76 77 1 | Page Proposed Permit Parking District Q Amendment Permit Parking District Q was established by City Council Resolution No. 2014-59 on August 18, 2014 and consists of a portion of Wrenfield Drive, Kristopher Lane between Wrenfield Drive and Kilda Circle, and Dohrn Circle. On June 20, 2016, Parking District Q was amended by City Council Resolution 2016- 37 to include Kristopher Lane between Kilda Circle and Kirklund Circle. This proposed amendment is to include the remaining addresses along Wrenfield Drive not a part of the current parking district, and Cobra Lane to Parking District Q. The location of the neighborhood is east of Edwards Street south of Warner Avenue and is shown on the vicinity map below. 78 2 | Page Residents along Wrenfield Drive not currently a part of Permit Parking District Q, and Cobra Lane have requested to be included in the parking district. They submitted a petition to add their addresses to District Q due to on-street parking impacts from the nearby apartments and condominiums with the same parking restrictions as the current district (midnight to 6 a.m., every day). The requested parking restriction area would include both the residential and Golden View Park side of a portion of Wrenfield Drive and Cobra Lane shown in Figure 1. The residents included the Golden View Park side along Wrenfield Drive and Cobra Lane due to the greater number of on-street parking available compared to the residential street side and the reported heavy use of that area by commuter parking. Figure 1 shows the current and requested permit parking areas for Parking District Q. Figure 1. Existing and Proposed Permit Parking Areas for Permit Parking District Q 79 3 | Page As required by Municipal Code Chapter 10.42, staff reviewed the request, determined the petition and concerns of the residents were valid, and considered the proposed amendment area to be reasonable. Staff prepared and mailed letters to the affected properties explaining the permit parking district requirements, boundaries, and included ballots for voting on the permit parking district amendment. Staff followed up with a letter a few weeks later to remind residents to return their ballot. Per Municipal Code 10.42 a minimum of 75% of the property units (1 vote per unit) shall be in favor of the permit parking district amendment to move the request for further consideration. Of the 14 affected properties, 13 ballots were returned with 12 votes or 86% voting in favor of the permit parking district amendment. The voting results are summarized in Table 1. Table 1 - Voting Results for Permit Parking District Q Amendment Street # Addresses # “YES” Votes # “NO” Votes # Ballots not Returned Wrenfield Drive 9 8 1 - Cobra Lane 5 4 - 1 As required by code, staff investigated the parking conditions on Wrenfield Drive and Cobra Lane. The code requires that facts exist that reasonably establish that the following exists in order to continue the process for further consideration: • Unrestricted parking creates a situation in which the subject streets cannot be used for regular parking by residents or their guests, or creates a situation that commuter vehicles or their occupants produce significant sources of health, safety, or welfare concerns. Below summarizes the on-street parking information gathered from field surveys of the area. Although late night hours such as midnight were not observed staff believed if surveys were conducted early morning and past 6:00 p.m. an indicative sampling of the parking conditions during the restriction times could be obtained. 80 4 | Page Field Survey 1: Thursday, 6:10 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Wrenfield Drive, north side 3 8 38% Wrenfield Drive, south side 14 14 100% Cobra Lane, east side 0 8 0% Cobra Lane, west side 0 8 0% Field Survey 2: Saturday, 6:15 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Wrenfield Drive, north side 5 8 63% Wrenfield Drive, south side 13 14 93% Cobra Lane, east side 0 8 0% Cobra Lane, west side 1 8 13% Field Survey 3: Tuesday, 6:30 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Wrenfield Drive, north side 5 8 63% Wrenfield Drive, south side 13 14 93% Cobra Lane, east side 0 8 0% Cobra Lane, west side 1 8 13% Field Survey 4: Sunday, 7:30 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Wrenfield Drive, north side 3 8 38% Wrenfield Drive, south side 13 14 93% Cobra Lane, east side 0 8 0% Cobra Lane, west side 0 8 0% 81 5 | Page Analysis: Field reviews of the area showed that the south side of Wrenfield Drive requested for permit parking is regularly impacted by commuter vehicle parking. The north side of Wrenfield Drive was not observed to have similar parking impacts as the south side. This could be due to being more convenient for commuter vehicles to park on the south side of Wrenfield Drive entering from Edwards Street and in an area with an open parking segment without driveways. Cobra Lane was not observed to be impacted by commuter vehicle parking. However, the residents included that street for permit parking reasoning that the impacted parking could move to Cobra Lane if all of Wrenfield Drive were to be designated permit parking. Staff agrees with the assumption that it is likely Cobra would be impacted if the district is extended on Wrenfield. Including Cobra Lane may be enough distance to discourage the commuter vehicles from the nearby condominiums and apartments from parking in the neighborhood. It should be noted that the ordinance states that permit parking districts are not to affect other reasonable uses of on-street parking by the public including parks and schools. The current parking restrictions, midnight to 6 a.m., would be extended to the Golden View Park frontage with the proposed amendment. During these parking restriction times, the park and school are typically closed and, therefore, would not affect the available on-street public parking for those uses. Municipal Code 10.42 requires that specific conditions shall exist for a parking district request to move forward for consideration to the City Manager’s office. These include: unrestricted parking creates a situation where on-street parking cannot be regularly used by residents and guests; or, unrestricted parking by commuter vehicles produces significant sources of health, safety, or welfare concerns. Based on the field evaluations and discussions with the residents staff finds that the unrestricted parking on Wrenfield Drive creates a situation where the commuter parking regularly interferes with residents and their guests parking. Staff supports amending Permit Parking District Q, adding properties along Wrenfield Drive not currently included, and Cobra Lane to District Q. 82 83 84 City of Huntington Beach File #:19-970 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Adopt Resolution No. 2019-71 establishing Permit Parking District “Z” affecting residents along the Heil Avenue frontage road between Goldenwest Street and Gothard Street Statement of Issue: Residents along the Heil Avenue frontage road between Goldenwest Street and Gothard Street have petitioned the City to establish a residential permit parking district, Permit Parking District “Z” in Huntington Beach. Financial Impact: The provisions of Huntington Beach Municipal Code Chapter 10.42 requires that the residents choosing to participate in a residential permit parking district pay a proportionate share of the cost to establish or amend the district making the district cost neutral to the City. Typical costs include, but are not limited to, installation of signs, curb markings, which are initially funded in the General Fund Signs and Marking business unit 10085302, and staff time to issue permits, which are funded in the General Fund Transportation Management business unit 10085301. The total cost for this parking district is estimated at $1,121 or $59 per address. Recommended Action: Adopt Resolution No. 2019-71, “A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District “Z” Within the City of Huntington Beach.” Alternative Action(s): Deny the recommended action. Analysis: Residents along the Heil Avenue frontage road between Goldenwest Street and Gothard Street submitted a petition requesting a permit parking district be created due to commuter vehicle parking impacts and related issues. The frontage road is located on the north side of Heil Avenue between Goldenwest Street and Gothard Street and is shown in Attachment 1. Including the commuter vehicle parking impacts, residents expressed their concerns with associated issues of late night City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™85 File #:19-970 MEETING DATE:10/7/2019 noise, littering, parking too close to driveways, and finding curbside areas to place trash bins on the street on collection day. The requested permit parking restrictions are 6 p.m. to 6 a.m. every day, including holidays Following procedures in Municipal Code Chapter 10.42, Permit Parking Districts, staff validated the petition, determined the concerns of the residents merit further consideration, and considered the proposed area to be reasonable. Staff prepared and mailed letters to the affected properties explaining the permit parking district requirements, boundaries, and included ballots for voting on the permit parking district proposal. Per code a minimum of 75% of the property units shall vote in favor of the parking district to move the request for further consideration. The voting results showed 79% of the properties along the Heil Avenue frontage road in support of permit parking. As required by code, staff investigated the conditions along the Heil Avenue frontage road to examine the parking conditions and related concerns. Field observations and discussions with the residents demonstrated that the street experiences recurring parking impacts from commuter vehicles, with the most significant impacts on the weekend. Although the noise and trash bin moving issues were not observed by staff, these concerns were mentioned by several of the residents as frequent commuter vehicle parking issues. Due to these conditions, staff believes findings can be made demonstrating that commuter vehicle parking unreasonably and regularly interferes with the use of available street parking for residents and their guests, and causes other related disturbances. These findings are consistent with requirements of the Municipal Code as a basis for establishing permit parking. The number of addresses that would comprise the permit parking district is 19 with permit parking established along both sides of the frontage road as shown in Attachment 2. Notices were sent to the affected properties and properties within 500 feet of the proposed district boundaries indicating the date and time of the City Council meeting Public Works Commission Action: None required. Environmental Status: The project is categorically exempt from CEQA. Strategic Plan Goal: Enhance and maintain infrastructure. Attachment(s): 1. Vicinity Map 2. Parking District Z Map 3. Staff Evaluation 4. Resolution No. 2019-71, “A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District “Z” Within the City of Huntington Beach City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™86 87 88 1 | Page Permit Parking District Request – Heil Avenue Frontage Road between Goldenwest Street and Gothard Street Residents on Heil Avenue frontage road have petitioned the City to establish permit parking due to parking impacts and associated issues from commuter vehicle parking. The request is located on the north side of Heil Avenue along the Heil Avenue frontage road between Goldenwest Street and Gothard Street. A vicinity map of the area is presented in the diagram below. 89 2 | Page Figure 1. Petitioned Permit Parking District Area Figure 1 shows the petitioned permit parking area along the Heil Avenue frontage road. The requested parking restrictions are 6 p.m. to 6 a.m. every day including holidays. Including the commuter vehicle parking impacts, residents expressed their concerns with associated issues of late night noise, littering, parking too close to driveways, and finding areas for placing trash bins on the street on the collection day as the reasons for initiating the process to establish permit parking on their street. As required by Municipal Code Chapter 10.42, staff reviewed the request, determined the petition and concerns of the residents were valid, and considered the proposed area to be reasonable. Staff prepared and mailed letters to the affected properties explaining the permit parking district requirements, boundaries, and included ballots for voting on the permit parking district. 90 3 | Page Per Municipal Code 10.42 a minimum of 75% of the property units (1 vote per unit) shall be in favor of establishing permit parking to move the request for further consideration. Of the 19 affected properties, 18 ballots were returned with 15 votes in favor of permit parking (83%) and three votes not supporting permit parking. The 75% minimum support requirement was satisfied to continue the evaluation. Table 1 summarizes the voting results of the Heil Avenue frontage road permit parking district request. PERMIT PARKING DISTRICT REQUEST VOTING RESULTS NUMBER PERCENT BALLOTS, TOTAL 19 - BALLOTS RETURNED 18 95% BALLOTS NOT RETURNED 1 5% YES VOTES 15 79% NO VOTES 3 16% Table 1. Voting Summary of Permit Parking District Request As required by code staff investigated the parking conditions and related issues on the proposed permit parking street. The code requires that facts exist that reasonably establish that unrestricted parking creates a situation in which the subject streets cannot be used for regular parking by residents or their guests, or creates a situation that commuter vehicles or their occupants produce significant sources of health, safety, or welfare concerns to continue the process for further consideration. Below summarizes the field surveys of the parking conditions in the requested permit parking area. Field Survey, Tuesday, 6:30 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 9 42 21% Heil Avenue Frontage Road East Side 7 21 33% 91 4 | Page Field Survey, Wednesday, 6:15 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 21 42 50% Heil Avenue Frontage Road East Side 16 21 76% Field Survey, Sunday, 6:30 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 31 42 74% Heil Avenue Frontage Road East Side 16 21 76% Field Survey, Thursday 6:15 am Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 26 42 62% Heil Avenue Frontage Road East Side 14 21 67% Field Survey, Tuesday 9:30 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 27 42 64% Heil Avenue Frontage Road East Side 12 21 57% Field Survey, Monday 7:00 pm Street No. Parked Vehicles Parking Capacity Percent Occupancy Heil Avenue Frontage Road West Side 27 42 64% Heil Avenue Frontage Road East Side 11 21 52% 92 5 | Page Analysis: During the weekdays, parking impacts were observed between the evening to early morning hours. The most impacted field observation occurred on the weekend where a majority of the available on- street parking was occupied by commuter vehicles. These parking impacts could affect the availability of on-street parking for the residents and their guests. In addition to the parking impacts, the residents expressed concerns with trash left on the street and front yards, and late night noise attributed to the commuter vehicle parking. Although staff observations of the area did not witness occurrences of trash on the street or noise, these concerns were expressed by many of the residents as recurring commuter vehicle parking issues. Municipal Code 10.42 requires that specific conditions shall exist for a parking district request to move forward for consideration to the City Manager’s office. These include: unrestricted parking creates a situation where on-street parking cannot be regularly used by residents and guests; or, unrestricted parking by commuter vehicles produces significant sources of health, safety, or welfare concerns. Based on the field evaluations and discussions with the residents, staff finds that the unrestricted parking creates a situation where the commuter vehicle parking regularly interferes with residents and their guests parking, and produces significant sources of welfare concerns. Staff recommends establishing permit parking along Heil Avenue frontage road between Goldenwest Street and Gothard Street as shown in Figure 1 affecting 19 addresses. 93 94 95 City of Huntington Beach File #:19-990 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chuck Adams, Interim Chief Financial Officer Subject: Adopt Resolution No. 2019-73 amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19 for the Continuation of Capital Improvement Program (CIP) Projects Statement of Issue: Certain Capital Improvement Program (CIP) projects, previously budgeted, were not completed by June 30, 2019, the end of Fiscal Year (FY) 2018/19. To continue these projects, $15,682,663 of remaining unspent appropriations need to be carried over into Fiscal Year 2019/2020 to help ensure project completion. Financial Impact: The $15,682,663 of remaining unspent appropriations is detailed by each applicable Fund in the attached Exhibit A. There are sufficient fund balances and/or ongoing revenue in these funds to support the request. Recommended Action: Adopt Resolution No. 2019-73, “A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19,” which incorporates and references the continuation of funding. Exhibit A lists individual capital improvement projects and their respective carryover amounts totaling $15,682,663. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Each fiscal year, there are budgeted capital projects that have not been completed by the close of the fiscal year. The City is required to carryover appropriations into the following fiscal year in order to complete those previously approved and budgeted capital improvement projects. The attached Resolution references Exhibit A: “Carryover of Projects from FY 2018/19 to FY City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™96 File #:19-990 MEETING DATE:10/7/2019 2019/20”, totaling $15,682,663 across multiple Funds for the amounts necessary to continue work in FY 2019/20 on the various capital projects underway from the previous fiscal year. Attachment 2 “Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2019/20” provides the estimated fund balances for the various Funds after projected revenues, adopted budget appropriations and carryover appropriations are taken into consideration for FY 2019/20. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and maintain the infrastructure Strengthen long-term financial and economic sustainability Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2019-73 “A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19” including Exhibit A. 2. Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2019/20. City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™97 98 99 Department/Fund Description Amount to be Carried Over Funding Source From FY 2018/19 (Business Unit) Air Quality Fund Public Works/201 Adams Synchronization 30,000$ 20190011 Public Works/201 Brookhurst Synchronization 214,733$ 20190012 Public Works/201 Magnolia Synchronization 199,789$ 20190013 Subtotal 444,522$ Traffic Impact Public Works/206 Atlanta Avenue Widening 151,482$ 20690002 Public Works/206 Traffic Signals 349,132$ 20690007 Subtotal 500,614$ Gas Tax Public Works/207 Residential Pavement 18,543$ 20785417 Public Works/207 Bridge Rehabilitation 68,984$ 20790010 Public Works/207 Utica Bicycle Blvd 43,726$ 20790038 Public Works/207 Bolsa Chica/Pearce Traffic Sig 20,227$ 20790042 Public Works/207 Newland Signal Interconnect 30,180$ 20790049 Subtotal 181,660$ Sewer Public Works/210 Slater LS #13 2,462,676$ 21089015 Subtotal 2,462,676$ Measure M Public Works/213 Arterial Rehabilitation 18-19 160,249$ 21390029 Subtotal 160,249$ Rehabilitation Loans Office of Bus Dev/215 Youth Shelter Project 36,354$ 21580302 Subtotal 36,354$ Prop 42 Public Works/219 Design/Construction 80,000$ 21985201 Public Works/219 Arterial Rehabilitation 215,462$ 21990008 Public Works/219 Utica Bicycle Blvd 124,970$ 21990010 Public Works/219 Downtown Street Lighting 201,865$ 21990423 Public Works/219 Brookhurst-Indianapolis TS Mod 55,000$ 21990424 Subtotal 677,297$ Exhibit A Carry Over of Projects from FY 2018/19 to FY 2019/20 100 Department/Fund Description Amount to be Carried Over Funding Source From FY 2018/19 (Business Unit) Exhibit A Carry Over of Projects from FY 2018/19 to FY 2019/20 Quimby Community Svcs/226 Central Park Restrooms 852,227$ 22645010 Subtotal 852,227$ Park Development Impact Community Svcs/228 Murdy Park Sports Fields 287,220$ 22845003 Community Svcs/228 Edison Playground-Reconfigurat 60,905$ 22845004 Community Svcs/228 Community Center Improvements 251,000$ 22845006 Community Svcs/228 Irby Park Improvements 4,597$ 22845007 Community Svcs/228 HCP Trail Improvements 79,320$ 22845008 Subtotal 683,042$ Infrastructure Non Dept/314 Infrastructure Projects 17-18 1,536,496$ 31440001 Non Dept/314 Infrastructure Central Park 210,278$ 31440002 Community Svcs/314 Main Prom P.S. Improvements 21,065$ 31445003 Public Works/314 Police Facility Improvements 334,137$ 31487004 Public Works/314 Heil Pump Station 1,034,777$ 31488001 Public Works/314 Atlanta Avenue Widening 12,766$ 31490004 Subtotal 3,149,519$ Water Public Works/506 Water Security Improvements 25,700$ 50691005 Subtotal 25,700$ Water Master Plan Public Works/507 WMP Eng Design/Const 39,314$ 50785201 Public Works/507 Water Security Improvements 80,400$ 50791005 Public Works/507 Water Main Replacements 1,500,000$ 50791006 Public Works/507 Corrosion Control 55,000$ 50791016 Public Works/507 Water Production Improvements 100,000$ 50791028 Public Works/507 Well 1 Replacement 117,414$ 50791030 Subtotal 1,892,128$ West Orange County Water Board (WOCWB) Public Works/508 OC 35 Pipeline Relocation 632,861$ 50885102 Subtotal 632,861$ 101 Department/Fund Description Amount to be Carried Over Funding Source From FY 2018/19 (Business Unit) Exhibit A Carry Over of Projects from FY 2018/19 to FY 2019/20 Sewer Service Fund Public Works/511 LS #13 Slater/Springdale 944,570$ 51189011 Public Works/511 LS #22 Saybrook/Heil 680,995$ 51189012 Subtotal 1,625,565$ OCTA CIP/Grant Public Works/873 Utica Bicycle Blvd 684,260$ 87390019 Subtotal 684,260$ Bridge Replacement & Rehab (Grant) Public Works/961 Hwy Bridge Replacement & Rehab 1,075,462$ 96185001 Subtotal 1,075,462$ Bridge Preventive Maintenance Program (Grant) Public Works/970 BPMP 168,378$ 97085001 Subtotal 168,378$ Highway Safety Improvement Program (HSIP) Public Works/995 Bolsa Chica/Pearce Traffic Signal Modification 58,218$ 99590001 Public Works/995 Gothard/Center Signal Modification 91,632$ 99590003 Public Works/995 Gothard/Slater Signal Modification 80,757$ 99590004 Public Works/995 Newland/Ellis Signal Modification 59,223$ 99590005 Public Works/995 Newland/Slater Signal Modification 67,707$ 99590007 Subtotal 357,537$ Arterial Rehab Public Works/1247 Arterial Rehab 18/19 72,612$ 124790002 Subtotal 72,612$ Total - All Funds 15,682,663$ 102 Analysis of Funding Sources for Carry Over Appropriations Fiscal Year 2019/20 Estimated Undesignated Fund Balance * FY 2019/20 Revised Revenues FY 2019/20 Revised Expenditures Budgetary Fund Balance Carry Over Appropriations Budgetary Fund Balance After Carry Over Appropriations 201 Air Quality Fund 1,070,664 240,000 (439,357) 871,307 (444,522) 426,785 206 Traffic Impact 4,248,742 - (2,183,382) 2,065,360 (500,614) 1,564,746 207 Gas Tax 3,008,472 3,355,068 (5,680,562) 682,978 (181,660) 501,318 210 Sewer 6,563,060 150,000 (2,542,263) 4,170,797 (2,462,676) 1,708,121 213 Measure M 1,961,719 3,514,493 (4,322,006) 1,154,206 (160,249) 993,957 215 Rehabilitation Loans 297,691 100,000 (334,214) 63,477 (36,354) 27,123 219 Prop 42 1,242,990 1,956,853 (2,247,723) 952,120 (677,297) 274,823 226 Quimby 3,090,699 65,000 (1,562,014) 1,593,685 (852,227) 741,458 228 Park Development Impact 14,835,171 3,000,000 (5,808,530) 12,026,641 (683,042) 11,343,599 314 Infrastructure 7,859,537 4,000,000 (6,959,485) 4,900,052 (3,149,519) 1,750,533 506 Water 10,073,145 39,870,606 (42,246,961) 7,696,790 (25,700) 7,671,090 507 Water Master Plan 20,167,578 3,000,000 (6,120,652) 17,046,926 (1,892,128) 15,154,798 508 WOCWB 1,445,506 649,000 (1,192,157) 902,349 (632,861) 269,488 511 Sewer Service Fund 25,753,968 10,579,698 (13,387,648) 22,946,018 (1,625,565) 21,320,453 873 OCTA CIP/Grant (406,129) 1,874,934 (784,545) 684,260 (684,260) - 961 Bridge Replacement & Rehab (Grant)(216,679) 1,383,662 (91,521) 1,075,462 (1,075,462) - 970 Bridge Preventive Maintenance Program (Grant)153,641 63,667 (48,930) 168,378 (168,378) - 995 Highway Safety Improvement Program (HSIP)139,467 2,787,942 (2,569,872) 357,537 (357,537) - 1247 Arterial Rehab 3,805,409 3,354,156 (6,561,967) 597,598 (72,612) 524,986 Total Requested Carry Over Appropriations (15,682,663) * Estimated Fund Balance as of 7/1/19 Fund 103 City of Huntington Beach File #:19-965 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve and authorize execution of amendments to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to extend contract term and add additional contract compensation in the amount of $62,447 for the management of the Gang Prevention and Intervention Program Statement of Issue: City Council is requested to approve amendments to the original three-year contract with Waymakers, (formerly known as Community Service Programs, Inc. CSP), for the management of the Gang Prevention and Intervention Program. Approval of the attached amendments will renew this agreement and allow payment to Waymakers for all future services provided under the contract. Financial Impact: No fiscal impact. Appropriations are included in the FY 2019/20 budget in 10070204.69365. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program” for extension of term; and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program” for additional compensation. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Since 1992, the Huntington Beach Police Department has contracted with Waymakers, (formerly known as Community Service Programs, Inc. CSP), to manage and provide Gang Prevention and Intervention services. The Gang Prevention and Intervention Program provide direct services to high-risk youth, ages 10- City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™104 File #:19-965 MEETING DATE:10/7/2019 The Gang Prevention and Intervention Program provide direct services to high-risk youth, ages 10- 18. Referrals to this program come primarily from the Police Department after contacts with youths at risk for recruitment into local gangs. The focus of the program is the strengthening of the family unit, which in turn is the foundation of the community. Strong families and community mobilization are the keys to securing a safe and nurturing environment in which to live. Thus, given the appropriate tools, concerned parents can regain control of their family and exert a positive influence against potential gang involvement and violence. The core of the program will be direct service to the high-risk youth ages 10-18. Services are built around recognition that youth engage in acting-out behavior due to a breakdown in the effectiveness of traditional family/school/community structures where they would normally fulfill needs for love, self-esteem, personal meaning, stability, and socialization. Environmental Status: Not applicable Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Amendment 1 - Extension of Term to Professional Services Contract for Management of Gang Prevention and Intervention Program. 2. Amendment 2 - Additional Compensation to Professional Services Contract for Management of Gang Prevention and Intervention Program. 3. Original RCA and contract with Community Service Programs, Inc. for Gang Prevention and Intervention Program initiated in 2016. City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 City of Huntington Beach File #:19-966 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve and authorize execution of amendments to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to extend the contract term and add additional contract compensation in the amount of $77,950 for the management of the Juvenile Diversion Program Statement of Issue: City Council is requested to approve amendments to the three-year contract with Waymakers, (formerly known as Community Service Programs, Inc. CSP), for the management of the Juvenile Diversion Program. Approval of the attached amendments will renew this agreement and allow payment to Waymakers for all future services provided under this contract. Financial Impact: No fiscal impact. Appropriations are included in the FY 2019/20 budget in 10070203.69365. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. for Management of Juvenile Diversion Program” for extension of term; and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. for Management of Juvenile Diversion Program” for additional compensation. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: Since 1992, the Huntington Beach Police Department has contracted with Waymakers, (formerly City of Huntington Beach Printed on 10/2/2019Page 1 of 2 powered by Legistar™140 File #:19-966 MEETING DATE:10/7/2019 known as Community Service Programs, Inc. CSP), to manage the Juvenile Diversion Program. The Juvenile Diversion Program provides an alternative to the traditional justice system for those who have committed less serious offenses. Referrals to the program come primarily from the Police Department after detentions or citations involving juvenile offenders. These first-time offenders are put in contact with Waymakers who facilitates counseling, legal awareness workshops, community service and restitution services for those who have committed relatively minor crimes. A Request for Proposal (RFP) was conducted by the Finance Department for this professional service. Waymakers was the only bid submitted. Their submission was evaluated by the Police Department and found to meet the requirements of the Juvenile Diversion Program. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Amendment 1 - Extension of Term to Professional Services Contract for Management of Juvenile Diversion Program. 2. Amendment 2 - Additional Compensation to Professional Services Contract for Management of Juvenile Diversion Program. 3. Original RCA and contract with Community Service Programs, Inc. for the Juvenile Diversion Program initiated in 2016. City of Huntington Beach Printed on 10/2/2019Page 2 of 2 powered by Legistar™141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 City of Huntington Beach File #:19-973 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, PE, Director of Public Works Subject: Award and authorize execution of a construction contract with R. Dependable Construction, Inc. in the amount of $720,000 for the Murdy Community Center Improvements project, MSC- 531; and, authorize project contingency expense not to exceed $144,000 Statement of Issue: On September 17, 2019, bids were publicly opened for the Murdy Community Center Improvements project, MSC-531. City Council action is requested to award a construction contract to R. Dependable Construction, Inc., the lowest responsive and responsible bidder, and to authorize up to 20% in project contingency expense. Financial Impact: This project is included in the approved Capital Improvements Program for FY 19/20. Funds in the amount of $1,998,500 are available in the Park Development Impact Fund, account 22845006.82900. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by R. Dependable Construction, Inc. in the amount of $720,000; and, B) Authorize project contingency expense not to exceed $144,000; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with alternative action. Analysis: The Murdy Community Center is located at 7000 Norma Drive, east of Goldenwest Street and north of Warner Avenue. The Murdy Center was built in 1970 and has not seen major renovation or improvements since its opening. Modifications are needed in order to improve the accessibility, City of Huntington Beach Printed on 10/2/2019Page 1 of 3 powered by Legistar™178 File #:19-973 MEETING DATE:10/7/2019 safety, and energy efficiency of the lobby areas and activity rooms. Renovation of the lobby and activity rooms will modernize the center, improve accessibility and flow, and reduce likelihood of falls for both patrons and staff. A professional architect was retained to create the plans and specifications that include renovations to the restrooms, lighting, ceiling, flooring, doors, finishes, and glazing systems. Bids were publicly opened on September 17, 2019. The bids are listed below from lowest to highest bid amount. VENDOR BID AMOUNT R. Dependable Construction, Inc.$720,000.00 Metro Builders and Engineers $797,700.00 AID Builders $885,000.00 Built All $906,869.00 RS Construction & Development, Inc.$950,000.00 Caliba Inc.$997,800.00 Caltec Corporation $1,112,000.00 Golden Gate Construction $1,161,159.78 Kazoni Construction $1,273,433.25 Newman Midland Corporation $1,298,300.00 Staff verified the references and comparable experience for R. Dependable Construction, Inc. and received favorable responses. Based on prior staff experience in renovating other city facilities of a similar age and older, there is a high likelihood that unforeseen conditions will be encountered during construction. Staff is requesting authorization to spend up to 20% of the contract for construction contingency not to exceed $144,000, if necessary. The standard contingency for construction contracts is 10%. Since it is necessary to close the Community Center during this renovation, the additional 10% contingency authorization will provide staff with the flexibility to avoid construction delays and to maintain the project schedule in the event of unforeseen site conditions. The architect’s pre-bid estimate for the project, excluding contingency, was $708,739. The total project cost including contingency and supplemental expenses is estimated not to exceed $870,000. Environmental Status: The project is categorically exempt pursuant to Chapter 3, Article 19, Section 15301(a) and 15301(d) of the California Environmental Quality Act. Public Works Commission Action: This project was reviewed and approved the Public Works Commission on August 21, 2019 by a vote of 6-0-1 (Small absent). Strategic Plan Goal: Enhance and maintain infrastructure City of Huntington Beach Printed on 10/2/2019Page 2 of 3 powered by Legistar™179 File #:19-973 MEETING DATE:10/7/2019 Attachment(s): 1. Vicinity Map City of Huntington Beach Printed on 10/2/2019Page 3 of 3 powered by Legistar™180 MURDY COMMUNITY CENTER 7000 NORMA DRIVE HUNTINGTON BEACH, CA 92647 181 City of Huntington Beach File #:19-994 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Approve and authorize a 5-year Lease Agreement between the City of Huntington Beach and Visit Huntington Beach (VHB) for the International Surf Museum located at 411 Olive Avenue and allow VHB to sub-lease the Museum to Surfing Heritage Cultural Center (SHACC) Statement of Issue: The City Council is requested to approve a five (5) year lease agreement and one five (5) year option with Visit Huntington Beach for the operation of an International Surf Museum located at 411 Olive Avenue. The Lease would allow VHB to sub-lease the Museum to Surfing Heritage Cultural Center, with approval from the City. Financial Impact: Lease revenues received from the sub-lease agreement with Visit HB is deposited into the General Fund. The first year will generate an additional $1,044, for a total annual amount of $7,200. Each successor year will increase by the Consumer Price Index (CPI-U, all consumers, for the Los Angeles, Long Beach, Anaheim Metro Statistical Area for the period ending June 30). Recommended Action: A) Approve and authorize the Mayor, City Clerk, and City Manager to execute the “Lease Agreement between the City of Huntington Beach and Visit Huntington Beach”; and, B) Authorize the City Manager to consent to the Sub-Lease Agreement on behalf of the City. Alternative Action(s): Do not approve the Lease Agreement and direct staff accordingly. Analysis: On January 27, 2012, the City Council approved a five (5) year lease with Huntington Beach Marketing and Visitors Bureau (“MVB”) for operation of the International Surf Museum located at 411 Olive Avenue. During that time, MVB sought to keep the International Surf Museum in Huntington Beach and establish it as a reputable, first-class attraction that highlights Huntington Beach’s surfing City of Huntington Beach Printed on 10/2/2019Page 1 of 3 powered by Legistar™182 File #:19-994 MEETING DATE:10/7/2019 heritage. The lease has expired and has been on a carry-over month-to-month. As the future operation and direction of the Surf Museum was determined. MVB, has since changed its name to Visit Huntington Beach (“VHB) Staff has negotiated a new lease (“New Lease”) with Visit Huntington Beach (“VHB”) for continued operation of the Surf Museum. The proposed terms are as follows: ·Term: Five (5) year initial term ·Extension: One five (5) year option to extend, mutual written consent by both parties ·Minimum Operating Days: 300 days per calendar year ·Use of Premises: Surfing Museum open to the public and hosting special events in the adjacent parking lot subject to required permits. ·Rent: $600 per month ·Rent Increases: Annual increases based on Consumer Price Index (CPI-U, all consumers, for the Los Angeles, Long Beach, Anaheim Metro Statistical Area for the period ending June 30). ·Maintenance: VHB shall maintain the Surf Museum in good order and repair and be responsible for all maintenance except for sewage lines. VHB has been actively pursuing an experienced surf museum operating partner with ties to the local surfing community and a proven track record of understanding surf culture and heritage to create a more sustainable and enriching experience at the existing Huntington Beach International Surfing Museum. VHB is looking to partner with the Surfing & Heritage Cultural Center (“SHACC”) to operate the International Surfing Museum. In addition to creating world class exhibits, SHACC will be permitted to sell surf memorabilia and clothing in addition to hosting special events in the parking lot subject to special event permits. The proposed Lease contains a sublease clause that will permit VHB to sublease the Museum to SHACC, under the terms set forth in the agreement subject to the approval of the City. VHB has met with key community stakeholders to address concerns they may have had, as well as met with the International Surf Museum Board of Directors regarding the operation of the existing Surf Museum. Based on the desire to have an experienced surf museum operator, VHB is proposing the sub-lease with SHACC. The Economic Development Committee has reviewed the Lease proposal and recommended the community outreach that has occurred. Staff recommends approval of the New Lease. Environmental Status: Not applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Lease Agreement between the City of Huntington Beach and Visit Huntington Beach 2. Certificate of Insurance City of Huntington Beach Printed on 10/2/2019Page 2 of 3 powered by Legistar™183 File #:19-994 MEETING DATE:10/7/2019 3. Sub-Lease Agreement between Visit Huntington Beach and Surfing Heritage Cultural Center City of Huntington Beach Printed on 10/2/2019Page 3 of 3 powered by Legistar™184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 City of Huntington Beach File #:19-985 MEETING DATE:10/7/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Marie Knight, Director of Community Services Subject: Waive Specific Event fees for the 2019 VISSLA International Surfing Association (ISA) World Junior Surfing Championship event, October 26 - November 3, 2019 Statement of Issue: The 2019 VISSLA International Surfing Association (ISA) World Junior Surfing Championship event is returning to Huntington Beach this fall, October 26 - November 3, 2019. The City has been contacted by the ISA with a request to waive some of the Specific Events fees in the amount of $10,000 providing financial support for this event on public property. Financial Impact: ISA has agreed to cover the associated fees required as a condition of the specific event permitting process, as well as direct event staffing costs for Police, Fire, Marine Safety, Public Works and Beach Maintenance, but has formally requested that $10,000 of these costs be waived and/or reduced. Preliminary analysis (emphasizing “preliminary” in that costs are finalized after the event, and can fluctuate from estimates depending on the event days’ circumstances) indicates that the estimated 2019 fees and direct event staffing costs for this nine-day event will total approximately $28,762 as follows: ·Police Department - $2,952 ·Marine Safety - $9,720 ·Public Works (street closure) - $550 ·Beach Maintenance (restroom cleaning) - $850 ·Application Fee - $450 ·Day Use Charge - $9,000 ·Set-up/Take-down Charge - $4,000 ·Stage Fee - $700 ·Fire Permit Fees - $290 City of Huntington Beach Printed on 10/2/2019Page 1 of 3 powered by Legistar™252 File #:19-985 MEETING DATE:10/7/2019 ·Business License - $250 Recommended Action: A) Authorize the City Manager to waive related Specific Event fees in the amount of $10,000 for the 2019 VISSLA ISA World Junior Surfing Championship and authorize use of the City Council Chambers at no cost on October 25, 2019, for a team manager meeting;OR B) Deny the above requests for the 2019 event;OR C) Consider alternative options. Analysis: Every year, the City receives numerous requests for financial assistance or waiver of fees from local community organizations and associations that are conducting events on public property. Examples of support provided include use of clubhouses, use of city equipment, waiver of event permit fees, and staff time. The number of requests has increased, especially from outside agencies and organizations. Fee waivers are considered to aid non-profit organizations or community-based associations in putting on charitable or public events which directly benefit the citizens of Huntington Beach. Per the approved City of Huntington Beach Master Fee and Charges Schedule, as a non- resident non-profit organization, the ISA receives discounted rates for Day Use charges and Set- up/Take-down charges totaling $4,550. The 2019 VISSLA ISA World Junior Surfing Championship event is returning to Huntington Beach this fall, October 26 - November 3, 2019. Last year’s international gathering of the world’s best 18- and-under surfers attracted 361 young surfers from 44 countries. Visit Huntington Beach (VHB) believes that a strong relationship with the ISA is a key strategy for Huntington Beach to be a strong contender to host the 2028 Olympic Games surfing venue competition. The ISA states that from a measurable media perspective, last year’s event was a great success with substantial global reach and significant visibility for Huntington Beach as a surfing and tourism destination. Their live webcast had over 1.6 million views with an average viewing duration of over 17 minutes with 3.5 million minutes watched. In addition, their 1-hour TV highlight program was viewed in over 130 countries and territories. Last year the City waived $10,000 of the associated Specific Event fees. VHB states that they will be fully supporting this year’s event with both dollars and marketing resources. VHB is making a substantial investment in this event, due in large part to ISA’s quantifiable marketing metrics and marketing return on investment, but also because they believe in the spirit of the Olympic Games movement and the IOC’S decision for Olympic Surfing to be in the Games, for hopefully many years to come. VHB does note however that surfing in the 2028 Olympic Games is not a confirmed event. City of Huntington Beach Printed on 10/2/2019Page 2 of 3 powered by Legistar™253 File #:19-985 MEETING DATE:10/7/2019 The event organizer, ISA, is asking that the City waive $10,000 of these fees, and use of the Council Chamber at no cost for a team managers meeting on October 25, 2019. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Letter from International Surfing Association (ISA) 2. Letter from Visit Huntington Beach (VHB) City of Huntington Beach Printed on 10/2/2019Page 3 of 3 powered by Legistar™254 EXECUTIVE DIRECTOR ISA WORLD HEADQUARTERS 5580 La Jolla Blvd, Suite 145 La Jolla, CA 92037 Website: www.isasurf.org Phone: +1 (858) 551-8580 Fax: +1 (858) 551-8563 Email: surf@isasurf.org 20 September 2019 via e-mail only Ms. Marie Knight Director of Community Services City of Huntington Beach Re: 2019 VISSLA ISA World Junior Surfing Championship Dear Marie, On behalf of the ISA and our president, Fernando Aguerre, I would again like to thank you and the City of Huntington Beach for the invaluable support you and your team provided our event last year, which was a huge success in term of athlete participation and media attention. With the generous support of our partners, VISSLA and Visit Huntington Beach, we are delighted that the 2019 VISSLA World Junior Surfing Championship is returning to Huntington Beach again this year, October 26 – November 3, for what will surely be another record participation. As you may recall, we had 361 young surfers from 44 countries – including a record 154 female surfers – participate in 2018, many of which could be future Olympic surfers. From a measurable media perspective, this event was also a great success with substantial global reach and significant visibility for Huntington Beach as a surfing and tourism destination. Our live webcast had over 1.6 million views with an average viewing duration of over 17 minutes with 3.5 million minutes watched. In addition, our 1-hour TV highlight program was viewed in over 130 countries and territories. We expect to exceed all of these metrics in 2019. For this, we would be grateful to be able to continue to count on the co-sponsorship support of the City of Huntington Beach by waiving some community service fees, reducing other city service fees and making available to us the City Council Meeting room for several hours on October 25 for our team managers meeting prior to the event. 255 P. 2 ISA WORLD HEADQUARTERS 5580 La Jolla Blvd, Suite 145 La Jolla, CA 92037 Website: www.isasurf.org Phone: +1 (858) 551-8580 Fax: +1 (858) 551-8563 Email: surf@isasurf.org As the world governing body recognized by the International Olympic Committee and responsible for managing Olympic Surfing now and in the future, the ISA greatly appreciates and recognizes the active participation by the City of Huntington Beach and Visit Huntington Beach in supporting our mission. We look forward to working with you and your team in running another great ISA event in Huntington Beach. Please do not hesitate to contact me if I can provide any additional information. Best regards, Robert J. Fasulo cc: Kelly Miller, President & CEO, Visit Huntington Beach Chris Cole, Community Services Rec Supervisor 256 257 258